DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. Vs. SULEKHA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 15.07.2013 (Annexure A-1) passed by the Permanent Lok Adalat (Public Utility Services) Gurgaon, thereby directing the petitioner to receive the application of the respondent for supplying the electric connection, get deposited the requisite amount for security and meter etc., as per the rules and then releasing the electric connection to the respondent. The facts of the case, which are necessary for the disposal of the present writ petition can be put into a narrow compass. Respondent Smt. Sulekha purchased a plot bearing No. C-186, situated in Block-C., Mayfield Garden, Gurgaon, by way of sale deed dated 19.06.2009 (Annexure A-2). The liability to set-up 66 K.V. Sub-station was that of the builder i.e. Sheetal International Pvt. Ltd. However, the builder failed to comply with the terms and conditions of its license, while not setting up the 66 K.V. Sub-station, thereby adversely affecting the facility of electricity to the residents of Mayfield Garden. Sub-station was not set up despite undertaking given on behalf of the builder, vide Annexure A-3 (Colly.). Dissatisfied with the inadequate power supply, residents of the area approached the Haryana Electricity Regulatory Commission, who passed the order dated 20.12.2007 (Annexure A-4), directing the builder company not to sanction any further load beyond the provision agreed by way of additional occupancy or otherwise in the project

(2.) Chief Engineer (operation) of the petitioner-Company appeared before the Haryana Electricity Regulatory Commission ('the Commission' for short) and in view of the difficulties of residents of the area, agreed to provide an additional load of 2 MVA for its two residential complexes from another 66 K.V. Sub Station. Thereafter, vide order dated 18.08.2009 (Annexure A-5), the commission directed the petitioner-Company to provide electricity connection to all the residents of the colony, who have occupied the premises and applied for the electric connections. Petitioner further alleges that the builder has not meticulously complied with the directions issued by the Commission, vide abovesaid two orders contained in Annexure A- 4 and A-5. Respondent has been issued occupation certificate by the Competent Authority i.e. District Town Planner, Gurgaon, vide Annexure A-6 dated 03.12.2012. Since there was a mushroom growth of residential colonies in and around Gurgaon, petitioner expressed its inability to provide new connections without submitting bank guarantee for supply of electricity by the builder. It was so said, vide communication dated 07.06.2013 (Annexure A-7).

(3.) In the meantime, the respondent approached the permanent Lok Adalat, seeking a direction against the petitioner for supply of electricity connection, at her premises, vide her application Annexure A-8. Having been served with the notice issued by the Permanent Lok Adalat, petitioner filed its reply at Annexure A-9.