NEW DELHI POWER LTD. Vs. MOHD.HANIF

JUDGEMENT

(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.