SANTOSH KUMARI Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) This appeal has been instituted by the plaintiff-Smt. Santosh Kumari, against the decision of the court below declining grant of damages caused due to closure of the appellant's shop for two years, i.e., from 05.10.2001 to 10.9.2003, allegedly due to illegal removal of electricity meter.

(2.) To begin with, the appellant had instituted a suit bearing CS No.655/2006 praying for declaration/mandatory permanent injunction, as well as recovery against the defendant, BSES Yamuna Power Ltd. It was the case of the plaintiff that she was operating an Atta Chakki on the premises bearing No.C-449 (Old No.48/1), Main 100 Ft. Road, Chajjupur, Shahdara, Delhi-110032. Initially, the premises had an electric connection supplied by the respondent for a load of 2 HP. Later, the appellant obtained a license from the Municipal Corporation of Delhi for running a 10 HP Atta Chakki. On that basis, she applied for enhancement of the connected load to 10 HP. This was sanctioned and, as a consequence thereof, the electric meter installed in the premises was changed from 10 AMP to 20 AMP rating by the respondent. However, despite the increase in load from 2 HP to 10 HP in June, 1983, the respondent/defendant continued to charge misuse charges from the appellant.

(3.) By the suit, the plaintiff claimed refund of Rs.1,10,000/-, illegally recovered by the respondent towards the aforesaid misuse charges and a further Rs.2 lakhs towards, "loss & damage for defamation, mental agony, Tortures and financial & social set back due to illegal removal of power meter of Atta Chakki", along with interest.