JAGPAL SINGH Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) THE petition impugns the direct theft assessment bills in the sum of Rs. 1,61,876/- and Rs. 2,09,903/- raised by the respondent on the petitioner. This Court while issuing notice of the petition, vide order dated 25 th April, 2007 W.P.(C) 2971/2007 Page 1 of 6 permitted the petitioner to pay the amount of the two bills in two equal monthly installments payable on 30th May, 2007 and 30th June, 2007 and subject to the said payment, restrained disconnection of electricity supply. THE petitioner preferred an intra court appeal against the said order but withdrew the same and again approached this Bench for making payment of the amount of the bills in three installments. Vide order dated 30 th May, 2007 the petitioner was directed to make payment of the first installment of Rs. 1,50,000/- on 15th June, 2007, the second installment of Rs. 1,50,000/- on 15th July, 2007 and the balance amount on or before 15 th August, 2007. Pleadings have been completed and the counsels have been heard.

(2.) IT is one of the contentions of the petitioner that the respondents no.2&3 being the officials of the respondent no.1 have vindictively involved the petitioner in a case of direct theft owing to the petitioner having earlier preferred a consumer complaint and in which cost was imposed on the respondents and further owing to the petitioner having refused to comply with the illegal gratification demanded by the respondents no.2&3.

(3.) OWING to the aforesaid factual controversy raised, this Court vide order dated 29th August, 2008 directed the SDM, Kalkaji to report whether the two addresses pertain to the same property or whether they are two different properties. The SDM was also directed to enquire locally and from the postal authorities before submitting report.