LAWS(DLH)-2012-4-118

LOKESH KUMAR GUPTA Vs. BSES RAJDHANI POWER LTD

Decided On April 09, 2012
LOKESH KUMAR GUPTA Appellant
V/S
BSES RAJDHANI POWER LTD Respondents

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for directions to respondent No.1/BSES to complete the formalities for installing an electricity meter at premises No.107/4, Street No.5, Krishna Nagar, Safdarjung Enclave, New Delhi, without awaiting a No Objection Certificate from their brother, respondent No.2.

(2.) ON the first date of hearing, counsel for the petitioners had stated that a separate electricity connection was required to be installed in one room each occupied by petitioners No.1 & 2 on the ground floor of the subject premises. It was further stated by the counsel that he may be permitted to amend the memo of parties by impleading all the legal heirs of their deceased mother, Smt. Munni Devi, the erstwhile owner of subject premises, who had expired in September, 1989, apart from Shri Naresh Kumar Gupta, who had already been arrayed in the memo of parties as respondent No.2. Leave, as prayed for, was granted and the petitioners were permitted to file an amended memo of parties. Simultaneously, notice was issued to respondent No.2, returnable on 5.3.2012.

(3.) IT is submitted by learned counsel for respondent No.2 that at the relevant time, the discussions between the parties were for the petitioners to pay their share of the electricity dues that were being borne by respondent No.2 alone in respect of the electricity connection installed at the subject premises as their portion of the premises was also energized through the same connection. She submits that the said connection was earlier installed in the premises in the name of Lt.Smt. Munni Devi and in the year 2000, it was transferred in the name of respondent No.2. She contends that instead of paying their share of the demand raised for the electricity consumed by them to the respondent No.2, the petitioners suddenly backed off and stopped appearing before the Permanent Lok Adalat and that the details of the aforesaid proceedings have been deliberately withheld in the present petition so as to keep the Court in the dark.