H. WADHWA Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 58(1)(b) of the Consumer Protection Act, 2019) (the 'Act') against impugned order dtd. 22/3/2023 of the State Consumer Disputes Redressal Commission, Delhi ('the State Commission) in FA No. 74/2022. In this, the Appeal filed by the Petitioner/ Complainant was dismissed, thereby affirming the District Consumer Disputes Redressal Forum, Distt. Janakpuri, New Delhi (District Forum) order dtd. 9/3/2022 in CC No. 75 of 2022 wherein the complaint was dismissed.

(2.) For ease of reference, the parties mentioned in the original Complaint filed before the District Forum. Ms. H. Wadhwa is referred to as the Complainant. BSES Rajdhani Power Limited shall is referred as the Opposite Parties (OP).

(3.) Brief facts of the case, as per the Complainant, are that she is residing alone at 58/20 Ashok Nagar, New Delhi-110018 after the demise of her parents. She intermittently resided in Nainital between 2010 and 2015, visiting Delhi only for brief periods. On 19/1/2015, when the Complainant was away from Delhi, OP disconnected the electricity supply to her residence, breaking the locks and reading the meter without informing her. Subsequently, she received two electricity bills dtd. 10/9/2014 of Rs.2,94,808.00 and 16/9/2014 Rs.1,58.587, respectively, showing discrepancies in the amounts charged. Despite her efforts to get the issue rectified, OP failed to address the matter. More than seven years have elapsed since the electricity connection to her premises was disconnected on 19/1/2015. Despite numerous interactions with officials, the OP did not resolve the issue, and 13 electricity bills issued from September 2014 to January 2015 were exaggerated, as she was often out of town and did not consume electricity during that period. Additionally, the OP failed to provide month-wise electricity consumption and bills despite repeated requests. She requested OP verbally and by letters dtd. 13/12/2020, 23/12/2020, 2/1/2021, 12/1/2021, 22/1/2021, to test the electricity meter on-site. But her requests were ignored for over six years. Instead of addressing the issue, the OP demanded to review the full chain of property papers and claimed non-cooperation. The Complainant averred that in 2010, a collaboration agreement was executed between the Complainant and builders regarding the property in question. However, subsequent to the agreement, the builders requested the Complainant to provide the full chain of property papers for sanctioning plans from the Municipal Corporation of Delhi (MCD). Despite initially agreeing to the terms, the builders later sought to acquire the property unlawfully, prompting legal action from both parties. She alleged harassment by the builders, leading to litigation and requests to return the property papers. She highlighted discrepancies in notices received from the OP, including variations in outstanding dues and sanctioned load amounts, casting doubt on the accuracy of the bills and records maintained by the OP. She contested claim of non-payment of bills since 2010 and asserted that she paid bills regularly until August 2014. However, the OP issued false and inflated bills, despite her absence from Delhi during that period. While the electricity was disconnected on 19/1/2015 yet the OP sent notices for disconnection and outstanding dues, displaying inconsistency and causing further harassment to her. She further alleged forgery and perjury by the OP, citing discrepancies in notices and meter readings. Despite regular bill payments until August 2014, the OP issued false and inflated bills, leading to harassment and anguish to her. Being aggrieved, she filed a complaint u/s 35 of the Act before District Forum, however, the same was withdrawn on 7/12/2021 with liberty to file a fresh complaint. Consequently, she filed a fresh Consumer Complaint No. 75 of 2022 before the District Forum Seeking compensation of Rs.21,00,000.00, restoration of the electricity connection and withdrawal of false bills.