SOHANLAL SACHDEV Vs. NEW DELHI MUNCIPAL COUNCIL

JUDGEMENT

(1.) Deceased Sohan Lal Sachdev, appellant herein, was the landlord of premises bearing No.49, Golf Links, New Delhi. He occupies the ground floor of the said premises. He started using the first and Barsati floors as Guest House. He informed this fact to the New Delhi Municipal Council (hereinafter referred to as N.D.M.C.). Pursuance to this information, the electricity charges for the first floor and Barsati floor have been changed by the N.D.M.C. It started charging on commercial basis. Aggrieved by this action of the respondent, the appellant filed a suit for permanent injunction. The learned Sub Judge decided the issue No.1 in his favour by holding that the user of the premises for running Guest House cannot be termed as commercial user. However, on other issues it was held that the NDMC was competent to charge varied electricity and water consumption rates. In conclusion it was observed that since user was neither domestic nor commercial, hence the N.D.M.C. was competent to charge the electricity at non domestic rates. Aggrieved by the decision on two other issues the appellant filed an appeal. The learned First Appellate Court not only decided the appeal against him but also reversed the finding on issue No.1 which was not challenged before him. It is against the First Appellate Court order that this appeal has been preferred.

(2.) The main grievance of the appellant is that the learned Trial Court while deciding issue No.1 held that Guest House is not a commercial user. Against that decision neither party filed any appeal still the First Appellate Court upset the finding of fact and of law. Secondly, Delhi Electricity Control Order,1959 (in short DECO) lays down three categories of consumers under Clause 4(4) namely; (1) Domestic (2) Commercial and (3)Industrial. There is no consumer under DECO or under the Indian Electricity Act called non- domestic user. Hence in the absence of any category under the head non-domestic, the respondent has no basis for charging on non- domestic basis. Either it is domestic or it is commercial. There is no concept or the term "non- domestic". Having held that Guest House is not a commercial user, the electricity rates ought to have been charged on domestic user basis.

(3.) In order to appreciate the challenge, we must know what does Sub-clause (4) of Clause 4 of the DECO says. The same is reproduced as under:-