ORIENT EXPRESS PRIVATE LIMITED Vs. NDMC

JUDGEMENT

(1.) . The petitioners are the occupant s of premises No. 17, Janpath, New Delhi and are the registered consumers of electricity supplied by respondents through K.No.60817. The petitioners applied for additional load on 22.3.2001 to increase it from 12.38 KW to 50.50 KW.

(2.) The petitioners sent reminders to the respodents and ultimately received a letter dated 31.5.2001 requesting the petitioner to submit certain documents which are stated to have been submitted. However, instead of increasing the load of the petitioner the respondents started levying misuse charges @ 100 per cent in the electricity bills on the ground of use of excess load by the petitioner. The petitioner thus filed the present writ petition seeking a writ of mandamus to sanction the necessary additional load and for stoppage of levy of misuse charges,

(3.) In the counter affidavit it is stated that the load already sanctioned to the petitioner was so sanctioned in accordance with the norms for such sanction of load on covered area basis as the premises of the petitioner had a covered area of 1170 sq.ft., on the ground floor. It is further stated that in response to the request of the petitioner for additional load, the respondents sent a letter dated 23.4.2001 stating that the request of the petitioner for additional load could not be acceded to as it is not technically feasible from the existing system for ensuring equitable distribution of energy. It is farther stated that on 2.4.2002 additional load was sanctioned of 19.16 KW and now the total load sanctioned is 31.54 KW. It is also stated that as soon as additional load becomes technically feasible in the electrical distribution of the area the request of the petitioner for sanction of the additional load would be considered.