- (1.) This appeal has been filed assailling the order of the District Forum, Nand Nagari, Delhi dated 3.9.2003, passed in Complaint Case No.452/2002, entitled Smt. Lovely Narula V/s. BSES Yamuna Power Ltd.
(2.) The brief facts leading to the filing of the instant appeal are, that the respondent was not receiving regular bills for consumption of electricity for quite some time. However, thereafter in August, 2002 the appellant finally raised a bill for Rs.63,250/- dated 27.8.2002 which included misuse charges. The respondent represented against the said bill on the ground that she had never misused the supply and had never received any show-cause notice prior to the levy of misuse charges. Since the representations of the appellant were not heeded, the appellant approached the District Forum praying for the revision of the bill after removal of misuse charges on the basis of minimum consumption charges. It was also prayed that the excess charges paid by the appellant be refunded with interest and the respondent be directed not to disconnect the electricity supply. The appellant had also claimed Rs.10,000/- as compensation for harassment undergone by her on account of deficiency in service on the part of the respondent together with costs.
(3.) The appellant in its reply/written version filed before the District Forum had raised the preliminary objection that the respondent was not the registered consumer in respect of the electric connection in question and was, therefore, not competent to file the present complaint. On merits it was stated that regular bills were being sent to the respondent for the consumption of electrcity. However, in May 1994 the meter had been removed. With respect to the show-cause notice issued to the respondent in respect of misuse charges, it was stated that the same could not be produced as the records including the MSR report for the year (sic.1995) as well as the meter book had been destroyed as per rules. It was, therefore, prayed that the complaint being barred by limitation under Sec.24-A of the Act was liable to be dismissed with costs.;