NEW DELHI POWER LTD. Vs. MOHD.HANIF
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI POWER LTD.
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(1.) THE limited grievance of the appellant against impugned order dated 7.12.2005 passed by District Forum whereby the appellant was directed to raise the revised electricity bill
upto date on domestic light basis without LPSC, is that the District
Forum has misconstrued the terminology of ˜NL appeared on the
application of the respondent for sanction of electricity connection made
in the year 2001 while deeming itas domestic connection.
(2.) THE sequence of events show that the contention of the Counsel for the appellant has not been considered in the proper perspective.Upto
1990 electricity bills were being raised on domestic light i.e., DL/DM basis. Misuse of domestic light for commercial light was detected in the
year 1990 and the bill on the basis of misuse charges was raised up to
the year 1994. Electricity was disconnected due to non -payment of the
bills raised on the basis of non -domestic light.For restoration of the
electricity, the respondent made an application dated 14.7.2000 for
non -domestic light, abbreviation form on the application was mentioned as
NL. Since 2000, the bills were beingraised on non -domestic light basis.
On making inquiry, the respondent was informed that bills were raised
against domestic light connection till 1994 and thereafter the same were
against non -domestic light.
(3.) THE circumstance of the respondent having been paid electricity bill raised on misuse charge basis from 1994 -99 without raising any
objection has not been considered by the District Forum. In view of the
aforesaid facts,the contention of the Counsel for the appellant needs to
be re -considered by the District Forum as the application made in the
year 2001 was for non -domestic light whereas the appellanthas been
directed to raise the electricity bills on domestic light. In the result,
we allow the appeal, set aside the impugned order and the matter is sent
back to the District Forum for fresh decision but till the matter is
decided finally, the appellant shall abide by the impugned order in
respect of nature of bills to be raised and cost of litigation. The
parties shall appear before the concerned District Forum on 13.4.2006for
the aforesaid purpose.
Bank Guarantee/FDR, if any, deposited by the appellant be returned to the respondent forthwith under proper receipt.;
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