TATA POWER DELHI DISTRIBUTION LIMITED Vs. NEERAJ GULATI

JUDGEMENT

(1.) The present petition has been filed by the petitioner namely Tata Power Delhi Distribution Ltd, challenging the order dated August 28, 2015 passed by the Consumer Redressal Forum in the Consumer Grievance No. 6636/06/15/MTN titled Neeraj Gulati v. TPDDL. The said complaint was filed by the respondent herein against the action of the petitioner herein not to release new connection applied against Notification No. 2008949481 dated April 06, 2015 at Shop No. 5, Lower Ground Floor, Block-N, Kirti Nagar, Delhi with sanctioned load of 1 KW. The same was denied by the petitioner as dues to the extent of Rs.71804/- were outstanding on the said premises.

(2.) It was the case of the respondent, before the forum that the said outstanding dues are not payable by her as she purchased the shops by way of aution under Rules 60, 61 and 62 of the Schedule of Income Tax Act, 1961. It is noted from the judgment that the Consumer Forum had directed the site inspection of the premises to be carried out in the presence of the respondent and filing of status report and also directed the relevant file of the connections to be submitted to it.

(3.) It was the case of the petitioner before the forum that in terms of Clause 2.1(iv) of General Condition of Supply forming part of tariff order dated May 23, 2001, if there are electricity dues against previous owner or occupants of the premises who transfers the premises to a new owner or occupant, the new owner or occupant applying for a fresh electricity connection can be compelled by the distribution company to pay the arrears of electricity dues of the previous owner or occupant and the distribution company can refuse to supply electricity to the premises on account of such non payment. The petitioner herein relied upon the judgment of the Supreme Court in the case of Paschimanchal Vidyut Nigam Ltd. and Ors v. DVS Steels and Alloys Pvt. Ltd and Ors [ (2009) 1 SCC 210] in support of its case. The petitioner also relied upon the judgments of this Court in the case of Madhu Garg & Anr v.North Delhi Power Ltd . 129 (2006) DLT 213 (DB) and BSES Rajdhani Power Ltd. v. Saurashtra Color Tones Pvt. Ltd. & Anr 161 (2009) DLT 28 (FB) in support of its case.