COMMON CAUSE Vs. DELHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this writ petition the challenge is to the demand of electricity charges raised by the respondents against the petitioners Nos. 2 to 6.

(2.) Petitioner No. 2 Shri R.N. Vasudeva is the owner of House No. 1/12, Shanti Niketan, New Delhi. There was an electricity meter which was installed at the said premises. On 7th May, 1984 he received a bill for Rs. 38,654.74 from respondent No. 2 for the period from 15th November, 1976 to 1st January, 1978. According to the respondents two meters installed at the said house had stopped from 15th November, 1976 and 1st January 1978 and that they had been replaced respectively on 1st March, 1984 and 15th December, 1983. It is after the replacement of the meters that the respondents worked out the con- sumption on a hypothetical basis and raised the aforesaid demand. No redress was received except that the demand was modified to Rs. 36,8'8.79. This amount has been paid by this petitioner to the respondent because otherwise there was a threat of disconnection.

(3.) Petitioner No. 3 Dr. G.F. Lakhani is the owner of house No. 1/18 Shanti Niketan, New Delhi. Electricity meters were installed at the said premises but on 9th July, 1984 he received a bill for Rs. 5462.28 from the respondents. It was stated that two meters in the said house were found to be defective, one from 13th September, 1978 to 9th January, 1982 and the other from 17th July, 1980 to 15th September, 1980. The demand was calculated by taking into account the consumption recorded in the base period of one year prior to the defective period. The said petitioner protested against the demand but to no effect. The final bill which was received by this petitioner was for Rs. 5609.48. The said bill has, however, been paid because otherwise the respondents had threatened disconnection of the electricity. This has been challenged in the present writ petition.