DARSHAN SINGH Vs. DAKSHIN HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) HAVING heard learned counsel for the applicant and in view of grounds mentioned in application, delay of 44 days in filing the instant appeal is condoned. Application stands allowed.

(2.) THIS regular second appeal is directed against the judgment and decree dated 09.12.2013 passed by learned District Judge, Fatehabad whereby appeal preferred by respondents -defendants has been accepted, judgment and decree dated 19.03.2013 passed by the Court of first instance has been set aside and suit of appellant -plaintiff has been dismissed.

(3.) FOR convenience sake, hereinafter reference to parties is being made as per their status in the suit. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for declaration challenging memos bearing no.612 and 614 dated 06.04.2011 raising a demand of Rs. 33,739/ - and Rs. 12,000/ - on the basis of report of checking dated 01.04.2011 with regard to power connection bearing account No.DVID -0814, installed at his premises situated at Bazigar Basti, Jakhal. It has been pleaded that plaintiff is a consumer of the defendants having above mentioned connection. He has been paying regularly for the same and there were no dues against that account. On the basis of checking dated 01.04.2011, defendants issued impugned memos bearing no.612 and 614 dated 06.04.2011 raising a demand of Rs. 45,739/ -. This action of defendants was challenged by plaintiff on a number of grounds which may be reproduced as under: