B S E S YAMUNA POWER LTD Vs. SUNIL KUMAR JAIN
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
B S E S Yamuna Power Ltd
SUNIL KUMAR JAIN
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(1.) VIDE impugned order dated 2.6.2004 the appellant has been directed to withdraw the misuse charges towards electricity bill raised by it from the date of levy and issue revised bill and adjust the amount paid in excess against the future bills if it is upto Rs. 2,000 and to refund the same if it exceeds Rs. 2,000 and pay Rs. 1,000 as compensation and Rs. 500 as cost of litigation.
(2.) THROUGH this appeal filed under Section 15 of the Consumer Protection Act, 1986, the appellant has tried to justify the electricity bill raised on the basis of misue charges on the premise that agricultural power connection was sanctioned to Shri Harpal Singh from whom the respondent purchased the land and started using it for running card -board manufacturing unit and as such he was liable to pay misuse charges.
(3.) AS against this the case of the respondent was that the appellant came out with an advertisement in Nav Bharat Times on 6.12.1995 that all industrial and commercial consumers could avail of the facility of having electrical meters/service line as per load/declared connected load enhancement and for the said purpose was required to apply to the department by 31.12.1995. Pursuant to this advertisement the respondent deposited Rs. 43,084 on 3.12.1995 for enhancement of the load to 61 HP. The said load was enhanced to 61HP and bills were raised on the enhanced rate from March, 1996 on industrial basis. The grievance of the respondent was after enhancing the load the appellant was not entitled to recover misuse charges levied earlier to the enhancement of the load as according to rules policy and procedure as detailed in Hand Book of Commercial Practices 1992 (DESU) under the heading Agricultural Connection Section 13 the maximum load that could be sanctioned is 7.5 HP and since the load was enhanced to 61 HP the category automatically changed from agricultural to industrial.
In our view the aforesaid rules and procedures did not entitle the appellant to raise bill on the ground of misuse charges because of enhancement of load to 61 HP which was beyond the permissible load of agricultural connection and the presumption was that the load was enhanced because of the connection being used for industrial purpose.;
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