HARPREET SINGH BHATIA Vs. NORTH DELHI POWER LTD

JUDGEMENT

(1.) RFA No. 1028/2017 and C.M. Appl. No. 44569/2017 (for restoration of electricity connection in the premises of the appellant)

(2.) The facts of the case are that the appellant/plaintiff filed the subject suit pleading that with respect to the electricity connection existing in the premises and having K No. 33100126373 all charges were regularly being paid by the appellant/plaintiff and it is on 10.11.2008 that the respondent/defendant sent a notice stating that there are outstanding dues with respect to an old electricity connection bearing K No. 33100120526 in the same very premises and dues of such old connection, which was disconnected on account of nonpayment of dues have to be paid by the appellant/plaintiff inasmuch as such dues of the old connection are liable to be added to the dues payable under the new connection. The dues with respect to the old electricity connection which was disconnected for was an amount of Rs.3,73,206/-. Appellant/plaintiff sent a reply dated 16.11.2008 to the notice of the respondent/defendant dated 10.11.2008 that he was a tenant in the premises and had no knowledge of the old connection and consequently the respondent/defendant was requested not to transfer the dues of the old connection to the account of the new connection of the appellant/plaintiff. The officers of the respondent/defendant thereafter visited the premises on the 5.10.2010 and sought to disconnect the electricity supply. Appellant/plaintiff sent a letter dated 6.10.2010 and followed it up by the legal notice dated 27.10.2010 to the respondent/defendant to withdraw their impugned notice, and eliciting no favorable response, the subject suit was filed.

(3.) Respondent/Defendant contested the suit and pleaded that it was entitled to recover the amount due against the old connection from the new connection of the appellant/plaintiff in the same premises. The action of the respondent/defendant is as per Clause 2.1 (iv) of the General Conditions of Supply.