SUNITA BHATIA Vs. PROGRESSIVE ENCLAVE

JUDGEMENT

(1.) FEELING aggrieved of the impugned order dated 21.4.2008 whereby the complaint of the appellant who is a member of the respondent -society occupying a flat seeking payment of the 15% rebate towards the electricity bill availed by the society from BSES was dismissed, he has preferred this appeal.

(2.) THE case of the appellant, in brief, is that she was allotted flat by the respondent -society, possession of which was taken w.e.f. 13.5.04. The respondent has been raising bi -monthly electric bills of electricity consumption on its members including the appellant which she has been paying. The society has got bulk consumer connection from BSES and as per the agreement with it, the respondent is getting the rebate of 15% which should be passed to the consumers/residents but the respondent has given this rebate to her only w.e.f. November, 2006. The percentage of rebate is 15% which comes to roughly 0.46 paise per unit. No rebate has been given for the period June, 2005 to October, 2006. The appellant has prayed that the respondent be directed to formulate a clear -cut policy for electricity billing for the members as there is no clear -cut policy in this regard, refund of Rs. 1,323.86 as overcharged amount pertaining to rebate which should have been refunded w.e.f. June, 2005 to October, 2006. She has also prayed for the refund of the excess meter charges @ Rs. 12 p.m. for the period from November, 2006 till date and compensation of Rs. 5,000 with Rs. 3,000 as cost of litigation.

(3.) IN reply, the respondent averred that it is a registered society registered with Registrar of Cooperative Societies, Govt. of Delhi and works as per the provisions of Registration of Cooperative Societies Act. The respondent has entered into an agreement with BSES. Rebate of 15% of energy consumption bill raised by the BSES is given to the respondent on account of Single Point Delivery Connection as a bulk consumer through 11,000 KVA HT Line. As per this agreement there is no mandate to pass on the rebate to the occupants of the flats who are provided individual connection by the respondent. The entire responsibility of the installation, operation and maintenance of transformers, HT/LT distribution network including individual maintaining, billing and collection of the electricity charges, etc. is the responsibility of the respondent.