B S E S YAMUNA POWER LIMITED Vs. RETIRED AND RETIRING GOVERNMENT EMPLOYEES COOPERATIVE GROUP HOUSING SOCIETY

JUDGEMENT

(1.) BSES Yamuna Power Ltd., the petitioner herein, which was the opposite party before the District Consumer Disputes Redressal Forum (East), Convenient Shopping Centre, Saini Enclave, Delhi (for short, "the District Forum") has filed the present revision petition against the order passed by the State Consumer Disputes Redressal Commission, Delhi (for short, "the State Commission") wherein the appeal filed by the petitioner was partly allowed. Facts:

(2.) The respondent-Retired and Retiring Government Employees Cooperative Group Housing Society Ltd., which is a registered society applied for two temporary electricity connections from the petitioner in the year 1994. The electricity connection K.No. 642002418 was sanctioned for domestic light and all the 259 occupants of the respondent-society drew light from the said connection. Respondent-society was given power supply through the said temporary connection, which in turn supplied electricity to all 259 occupants of the society. The said connection remained in operation till 20th August, 1996 whereafter independent electricity connections were installed in all the flats. Another electricity meter against temporary electricity connection No.642002419 NH was installed in the respondent-society's premises for water boosting and common light. Later on the same was made permanent which is still running and there is no dispute about this connection. The respondent-society had deposited a sum of Rs. 27,53,675 on 16th June, 1993 towards cost of electrification in order to obtain permanent connections for the said two temporary connections. The said two connections were made permanent i.e. connection No. 23305124008 for domestic and connection No. 123030090108 for water boosting. The permanent connection was granted on 20th August, 1996 and till such time the respondent-society consumed 1057914 units in Connection No. 642002418 from April 25, 1994 and the outstanding was a sum of Rs.18,60,304. The said due was raised against the respondent treating the connection No.642002418 to be a single connection which was supplying electricity to all the 259 occupants. Respondent-society questioned the same and filed Civil Writ Petition No. 36 of 1995 before the High Court of Delhi. According to the respondent connection No. 642002418 should have been treated for 259 occupants as a separate meter for the individual and raise the bill accordingly. The respondent, in the said writ petition, sought a direction to Delhi Electricity Supply Undertaking [Unit] of which the petitioner is the successor to charge the normal tariff with slabs as applicable to the domestic consumer and further to pay interest of an amount of Rs. 7,15,962 due to the respondent-society as on 20th August, 1996 on the above mentioned deposit of Rs. 27,53,675 from June 16, 1993 as the DESU could not complete the work within stipulated time. The writ petition came up for hearing before the High Court on March 13, 1995 and the High Court directed the (then) Director, Electronic Data Processing (EDP) of DESU to give a hearing to all the occupants of the society or to its Secretary and to pass an appropriate order to quantify the amount due and payable by each of the flat occupant so that each of the flat occupant pays his separate bill based upon the electric meters which were reported to have been already installed in each of the distinct premises on various dates.

(3.) Pursuant to the above order, Director, EDP after granting hearing to the parties passed a speaking order on April 19, 1995. In terms of the said order the society was allowed normal tariff from the billing month of June, 1994 i.e. the rate applicable for non-domestic and domestic connections. On the issue of slabs and interest the EDP gave the following directions: