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"Electricity Connection Cannot Be Disconnected Without First Serving Notice": East Delhi Commission Orders BSES To Restore Electricity Along With Compensation
Apoorva Pandita
25 Nov 2023 2:30 PM GMT
The East Delhi District Consumer Disputes Redressal Commission allowed a consumer complaint against BSES (Electricity Provider) regarding an unauthorized disconnection of electricity from two meters at a Delhi residence. The complainant, residing at premises with both commercial and domestic meters faced a power cut after receiving bills not in his name. BSES disconnected...
The East Delhi District Consumer Disputes Redressal Commission allowed a consumer complaint against BSES (Electricity Provider) regarding an unauthorized disconnection of electricity from two meters at a Delhi residence. The complainant, residing at premises with both commercial and domestic meters faced a power cut after receiving bills not in his name. BSES disconnected the electricity without allowing the complainant to address the outstanding bills first. The Consumer Commission presided by Mr. Sukhvir Singh Malhotra along with Mr. Ravi Kumar and Ms. Rashmi Bansal as members, recognized the complainant as a consumer for the domestic meter but not for the commercial one. They directed the restoration of electricity for the domestic meter and granted Rs. 5000/- compensation for service deficiency, while dismissing relief for the commercial meter.
Brief Facts
The complaint was filed by Sandeep Sharma, residing in Delhi. He had two electricity meters installed on his premises—one registered for non-domestic purposes in the name of his grandfather, and another for domestic purpose in the name of his father. Sandeep himself occupied the Ground and First Floors, while his brother lived on the Second Floor. Despite regularly paying bills, they received two outstanding bills dated 29.12.2014, each with a different amount to be paid: “Rs. 9,85,290” and “Rs. 9,87,250”. Notably, these bills also carried notices under Section 56(1) of the Electricity Act 2003, addressed to unrelated individuals at different addresses in Shahdara.
On 09.01.2015, BSES disconnected the electricity supply to both theses meters without any prior notice. The complaint alleged this as unlawful, constituting service deficiency on the part of BSES (Opposite Party). Consequently, Sandeep filed a consumer complaint seeking the restoration of electricity supply for both meters, along with compensation of Rs. 10,000/- and litigation costs.
Arguments of BSES
BSES argued that the complaint lacked a valid cause of action and accused Sandeep of misleading the Commission with false information. They claimed that the Commission had no authority over the commercial electricity meter as it falls outside its jurisdiction. They stated that Sandeep had no contractual relationship concerning this meter, questioning his right to file the complaint.
BSES also alleged that during an inspection on 11.09.2014, they found that Sandeep's meters were supplying electricity to a disconnected connection with dues. As a result, they disconnected electricity from both meters at Sandeep's residence. As per them, they distributed the outstanding amount equally between the two meters as per electricity rules.
Observations of the Commission
The Commission found that Sandeep was a consumer for the domestic meter but not for the commercial one. They also took note of the discrepancies in the notices and lack of evidence from BSES. They emphasized that BSES had legal recourse under the Electricity Act to recover dues and could not disconnect the electricity supply without proper notice. Consequently, the Commission ordered BSES to restore the electricity for Sandeep's domestic meter, allowing him to continue paying bills. They dismissed relief prayed for the commercial meter but granted Sandeep Rs. 5000/- compensation for the deficiency in service related to the domestic meter.
Case Title: Sandeep Sharma vs BSES
C.C. No. 34/2015
