BSES RAJDHANI POWER LTD Vs. KRISHAN KUMAR

JUDGEMENT

(1.) On account of committing inordinate delay in energising the electricity connection, the appellant has been vide impugned order dated 7.9.2005 passed by the District Forum, held guilty for deficiency in service and directed to pay a sum of Rs.10,000 as compensation and Rs.1,000 as cost of litigation.

(2.) The order has been mainly challenged on the ground that in the intervening period of application for electricity connection and its energisation, the Central Ground Water Authority (CGWA) issued a notification by keeping all new electricity connections in abeyance which could not be energised without its prior permission and on this premise, the appellant insisted the respondent to obtain a no objection certificate which he did but the electricity connection was not energised because he refused to pay the development charges amounting to Rs.1,39,637.

(3.) Relevant facts are as under : respondent had applied for electric connection at his tube-well at village Jhatikra, New Delhi for agriculture purposes vide his application dated 11.11.1999 and deposited requisite fee of Rs.1,800 with the DVB. The connection was, however, not sanctioned. Respondent made several oral and written requests to the DVB and thereafter BSES, the successor-in-interest of the DVB for sanction of the connection but without any results. Appellant slept over the matter for five years and only in 2004 it decided to sanction agriculture connections, applications for which were pending and the respondent was required to deposit Rs.1,39,637 as development charges. According to respondent when he applied for connection in 1999 he was required to deposit a sum of Rs.1,800 only which he had deposited and delay if any in energizing the connection was due to laxity on the part of the appellant and, therefore, appellant is not liable to recover any development charges now applicable for new connections.