IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 18.08.2023 Date of Hearing: 10.11.2025 Date of Decision: 27.01.2026 FIRST APPEAL NO. 422/2023 IN THE MATTER OF BSES YAMUNA POWER LIMITED HAVING ITS REGISTERED OFFICE AT:

SHAKTI KIRAN BUILDING, KARKARDOOMA, DELHI–110032.

(Through: Mr. Prashant Kumar Sharma, Advocate)

…Appellant VERSUS MR. MAHAVIR PRASAD S/O. MR. MANGE RAM, R/O. J-29, STREET NO. 15, KARTAR NAGAR, DELHI–110053.

(Through: Mr. L. G. Dass, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Ms. Veena Sharma, Counsel for the Appellant (through VC).

Mr. L. G. Dass, Counsel for the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. The case of the Complainant as revealed from the record is that the Complainant is having a electricity connection bearing CA No. 100059292 which is used for running a small scale "Atta Chakki" for earning his livelihood. The Complainant had been paying the electricity bills regularly. The particulars of sanctioned load & MDI etc. as per periodical bills raised by the Opposite Party are as under:

2. As per section14 (4) of "Delhi Electricity Regulatory Commission (Supply Code and Performance Standard) Regulations for the purpose of revision of sanctioned load or contract demand as the case may be, the Opposite Party is obliged to issue a separate notice to the consumer about the proposed increase in sanctioned load. The said notice should contain the details of the exact readings in the consecutive billing cycles taken into consideration along with details of enhance security deposited for such increase in sanctioned load in accordance with Electricity Act 2003. The said security is to be deposited by the consumer within 30 days from the date of receipt of notice. If the consumer fails to do so, the additional amount may be included in the neat bill, indicating the reasons for such inclusion in the bill. It is the case of the complainant that as per the aforesaid regulations, the Opposite Party is also obliged to refund the security deposit on pro-rata basis in case the load is reduced. It's the case that the Opposite Party is also obliged to issue a separate notice for upward or downward revision of sanctioned load which notice is liable to be issued by 31^st May of the financial year. No notice for upward revision can be issued thereafter. In case a notice for downward revision is not issued by 31^st May the Opposite Party is obliged to pay compensation to the affected consumer without prejudice to the right of consumer to reduce the load which shall be effective from 1^st July of the financial year. It is further submitted that the Opposite Party had failed to obey the aforesaid guidelines issued by the DERC as no notice was ever issued for the load enhanced from time to time in the present case. The Opposite Party had also failed to revise the sanctioned load downward on the basis of less consumption made by the Complainant especially w.e.f. 4/10/18 and had over-charged the complainant on account of Fixed charges at the applicable rate, Surcharge and Pension Surcharge thereon. The Complainant made several visits to the office of Opposite Party but no heed had been paid by the Opposite Party except giving verbal assurance to redress the grievance. It is further submitted that recently the Regulatory Commission had issued specific direction to the Opposite Party to reduce the Fixed Charges @ 50% for certain period falling the Lockdown period due to Pandemic COVID 19. The complainant had sent a notice to the Opposite Party but no reply had been given. The Complainant has prayed to direct the Opposite Party to revise the electricity bills for the financial years 2018-19, 2019-20 and 2020-21 on the basis of reduces MDI consumed by the Complainant, to refund the amount of security on the said reduct