AMAR SINGH KASHYAP Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) The appellant is an ex-employee of the predecessor of the respondent company. He was being billed under staff category (S-2) and was allowed 150 units per month i. e. , 300 units per two months at the concessional rate of 12 paise per unit with meter rent of 20 paise per month and 40 paise per billing cycle of two months. His complaint that the respondent was entitled to charge fixed charges @ 40 paise per billing cycle of two months, whereas the respondent abolished the minimum guarantee and raised the bill like other consumers, was dismissed vide impugned order dated 13.6.2005 on the ground that the grievance of an ex-employee against the privilege being enjoyed by him during his employment does not fall within the ambit of consumer dispute being a dispute between the employee and the employer and further that the decision of tariff fixed by a statutory Commission does not entitle the appellant to challenge it.

(2.) There is no dispute that the appellant was entitled to enjoy the benefit under the staff category being ex-employee of Delhi Vidyut Board. The respondent being a successor company could not have taken away the benefit because the respondent had succeeded DVB with all its assets and liabilities. The aforesaid reasons persuade but to allow the appeal at the outset, set aside the impugned order and send back the case to the concerned District Forum for deciding it afresh on merits without being influenced by the observations made by it while dismissing the complaint. The parties are directed to appear before the concerned District Forum for the aforesaid purchase on 19.11.2005.

(3.) A copy of this order, as per the statutory requirements, be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the record room. Appeal allowed.