LAWS(NCD)-2008-3-88

BSES YAMUNA POWER LTD. Vs. DAMYANTI GUPTA

Decided On March 13, 2008
BSES YAMUNA POWER LTD. Appellant
V/S
Damyanti Gupta Respondents

JUDGEMENT

(1.) No one appears for the Respondent though fresh notice was issued on 5.2.2008 which we presume must have been served on the Respondent.

(2.) The challenge in this revision petition is to the order dated 30.8.2007 passed by the State Consumer Disputes Redressal Commission, Delhi(for short, ˜the State Commission) by which the State Commission has allowed the appeal filed by the Respondent and has quashed a bill dated 30.7.2001 amounting to Rs. 1,39,926.49 towards electricity consumption charges for several preceding years and directed the Respondent to raise revised bill on the basis of minimum guarantee without levying any late payment surcharge and that too only from. July, 1999. Besides, the State Commission directed the Petitioner -Electricity Company to pay a compensation of Rs. 25,000/ -.

(3.) Learned counsel for the Petitioner has strongly urged before us that the order passed by the State Commission is erroneous inasmuch as it has directed preparation of a revised bill only for the period from July, 1999 and that too on the basis of minimum guarantee. According to her, after quashing the impugned demand, at best the order could have been to draw fresh bill at least for preceding three years based on actual consumption of the electricity and not on minimum guarantee basis. We have considered the submissions made by counsel for the Petitioner. Even going by the version of the Petitioner -Company itself, it would be seen that there was no recording of actual consumption of electric energy by visiting the premises uptil February, 2000 and the provisional amounts of Rs. 100/ - towards consumption and Rs. 12/ - towards electricity charges were debited to account of the Complainant(Respondent here) in her account. No bill whatsoever was sent to the Respondent prior to February, 2000.