BACHAN LAL SAINI Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) THE electricity connection in favour of the appellant was refused by the respondent solely on the ground that the appellant has failed to show the lawful occupancy of the premises which is a mandatory requirements of the law. Feeling aggrieved the appellant filed a complaint before District Forum seeking direction to the respondent to provide electricity connection but the plea raised by the respondent found favour with the District Forum resulting in dismissal of the complaint vide impugned order dated 6.5.2002, the appellant has directed this appeal against the said order.

(2.) ADMITTEDLY the appellant deposited an amount of Rs. 7,150 with the application for electricity connection for his sweet shop at the address given in the complaint. The reply filed by the respondent before District Forum shows that the respondent refused to provide connection because some dues were outstanding in respect to the previous electricity connection having K. No. 134175. The outstanding amount was in respect to different premises and has no connection with the premises of the appellant and further that he was not liable to pay charges for the electricity consumed by third person the electricity connection was not sanctioned.

(3.) EVEN we accepted the objection raised by the respondent that the electricity connection was not provided due to failure of the appellant to show his lawful occupancy we still feel that after having received the amount required for installation of electricity connection way back on 1.2.2000 it was not entitled to receive the amount of outstanding bill from the appellant as he has not consumed the electricity for the said period. Respondent could have insisted the appellant to show any documentary evidence as to his lawful occupancy either in the capacity of tenant or attorney or subsequent purchaser. In view of the foregoing reasons we allow the appeal, in the following terms by setting aside the impugned order: