BSES RAJDHANI POWER LTD Vs. RAJWANT SINGH

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 17.01.2006 which had endorsed the findings of the trial Judge dated 30.11.2004 whereby the suit filed by Rajwant Singh seeking mandatory injunction directing the defendant to restore the electricity supply i.e. connection bearing No. K 1245516 (hereinafter referred to as the subject connection?) installed in the name of the plaintiff at D.16, Santgarh near Tilak Nagar, New Delhi (hereinafter referred to as the suit premises?) had been decreed in his favour.

(2.) The case of the plaintiff is that he is the sole proprietor of M/s Universal Enterprises the factory which he was running at the suit premises. He obtained a 10 HP connection in 1995. He had been using this sanction load for his commercial purposes. The plaintiff in terms of the offer of the defendant for additional load had applied for it and deposited a sum of 28,520/- for an additional load of 30 HP; inspite of the plaintiff having completed all formalities, the load was not enhanced. The last bill raised upon the plaintiff was of 26,926/- which was also paid; in fact all bills have been paid. On 11.04.1997 without any prior show cause notice, the electricity of the plaintiff was suddenly disconnected; he had no option but to come to the court. Suit was accordingly filed.

(3.) In the written statement, it was stated that the suit is not maintainable. It was stated that the suit property had been inspected by the zonal staff of the defendant; seals of the existing meters were found to be fictitious and tampered with; this was a fraudulent abstraction of energy (FAE); electricity supply of the plaintiff was disconnected forthwith in these circumstances; personal hearing under the orders of the Court had also been granted to the plaintiff on 03.02.1997.