SUBHASH NIJHAWAN Vs. NORTH DELHI POWER LIMITED

JUDGEMENT

(1.) Mr. Subhash Nijhawan and Mr. R.K. Mittal have filed this writ petition in a representative capacity on behalf of Jhang Cooperative Group Housing Society Limited, respondent No. 2. It is an admitted position that an Administrator was appointed by the Registrar of Cooperative Societies to take over the management and control of the said society. The petitioners have stated that the said Administrator was not taking steps to ensure that the respondent No. 1-discom raises proper electricity bills on permanent domestic tariff with slab system benefits and bills were wrongly raised on temporary connection tariff. Respondent No. 2 society was served but the Administrator has failed to file counter affidavit. It is the admitted position that the bills raised by the respondent No. 1-discom were for consumption of electricity supply to residential flats in the cooperative society and have to be actually and de facto borne and paid by the flat owners/occupiers. In these circumstances, it is held that the petitioners are entitled to file the present writ petition in representative capacity and invoke writ jurisdiction.

(2.) A scheme dated 8th November, 2001 was prepared and submitted to the Delhi Vidyut Board for supply of electricity and electrification of the respondent No. 2. As per the scheme, the total cost of the electrification was Rs.24,70,940/-, out of which Rs.20,18,400/- was payable by the respondent No. 2 society and the balance amount of Rs.4,52,540/- was payable by the Delhi Vidyut Board. The scheme, however, itself records that the Administrator by his letter dated 20th October, 2001 had requested Delhi Vidyut Board for giving high tension single delivery connection instead of multiple electricity connection or separate connection for each flat.

(3.) The Jhang Cooperative Group Housing Society Limited had applied for permanent electrification of the entire society on 11KV single point delivery system. The Delhi Vidyut Board accepted the request of the respondent No. 2 society for giving high tension single delivery connection in accordance with the then prevailing scheme. Copy of the said scheme dated 26th December, 1996 has been placed on record by the respondent discom. The said scheme stipulates that it would be the responsibility of the society/promoter to install, operate and maintain transformers, LT distribution network including individual metering , billing and collection of revenue. They would be responsible to make payment of the bills to Delhi Vidyut Board from time to time as per provisions of tariff. On the question of bearing of costs, the scheme states that Delhi Vidyut Board would bear the entire cost of HT feed and network upto HT metering cubical but the cost of installation of equipment/network after the HT cubical would be borne and paid by the society/promoters. It further states that the society/promoter shall install their own HT breaker/switch fuse so that they could isolate their transformers for maintenance/repairs and safeguard their equipment. The society/promoter was required to install minimum of two transformers to ensure reliability of supply.