SUSHIL KUMAR MARWAH Vs. NPCL COMMERCIAL COMPLEX

JUDGEMENT

(1.) Sudip Ahluwalia, Presiding Member - This Complaint has been filed against the Noida Power Company Ltd. under Sec. 21(a)(i) of the Consumer Protection Act, alleging deficiency in service, and unfair trade practice on the part of the Opposite Party, and seeking compensation along with restoration of electricity supply.

(2.) The factual background, in brief, is that the Complainant entered into an electricity agreement with the Opposite Party, securing a 5 HP load connection for his factory located at 'G-15, Site V, Kasna, Greater Noida' from 20/9/2004 onwards. However, a significant portion of the period between 25/2/2010 to 20/2/2020 witnessed extensive interruptions in the factory's power supply, except for a brief operational window between October 2015 and November 2016. This extended downtime substantially affected the factory's operations and productivity. The conflict went beyond mere power outages and escalated into a protracted dispute concerning billing irregularities. The Complainant alleged that the discrepancies in billing practices commenced with the first bill in November 2015 and persisted through subsequent bills, notably the final one issued in October 2016. The Opposite Party purportedly demanded payment at an exorbitant rate of Rs.119.54 per unit, significantly exceeding the standard rate of less than Rs.10.00 per unit. The situation was compounded by an attempted load upgrade to 15 HP on 25/2/2010. Despite the Complainant fulfilling the requisite criteria and paying the security deposit, the Opposite Party failed to install the new meter or facilitate the anticipated enhanced connection. Instead, the dispute further intensified with the generation of irregular bills against the supposedly closed old account, exacerbating the existing conflict. Legal measures were undertaken as the Complainant sought redressal through multiple channels. He lodged formal complaints with various authorities, including the Vidyut Lokpal, Consumer Grievance Redressal Forum (CGRF), and actively participated in a District Legal Services Authority Lok Adalat. Regrettably, these interventions failed to yield the anticipated or desired resolutions, thereby prolonging the ongoing dispute. The financial repercussions of the persistent power disruptions were substantial. The Complainant estimated daily losses at an alarming rate of Rs.18,000.00 since 26/2/2014, attributing this considerable financial setback to the enforced inactivity of the factory, encompassing the costs of labour, material, and machinery expenses. The intricacies and severity of this conflict emphasize the pressing need for a fair and expeditious resolution, coupled with appropriate compensation to alleviate the profound losses and disruptions experienced by the Complainant's industrial operations. In pursuit of adequate compensation for the extensive losses incurred and the imperative restoration of an uninterrupted electricity supply to his factory, he filed his Complaint before this Commission.

(3.) In the light of his aforesaid averments, the Complainant has prayed as follows -