* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16578/2006
S.R.GUPTA ..... Petitioner
Through Petitioner in person.
versus
DIRECTOR BUREAU OF INDIAN STAN & ORS....
Respondents
Through Mr. R.K. Tripathi, Advocate for
respondent No. 1.
Mr. Rahul Dhawan & Mr. Srivenkatesh,
Advocates for respondent No. 2-BSES
Yamuna.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 16.01.2009
1. This petition filed in public interest seeks a declaration that the licence issued by Bureau of Indian Standards to M/s Shenzhen Kaifa Tech. Co. of China is illegal, unconstitutional and against the mandatory provisions of Bureau of Indian Standards Act, 1986 and Rules and Regulations framed thereunder and also the scheme for issue of Licence to a Foreign Manufacturer.
2. The contention of the petitioner is that the meters manufactured by M/s Shenzhen Kaifa Tech. Co. of China have been tampered with at the manufacturing stage itself and the respondents should be directed to immediately discard all Chinese meters installed in the N.C.T. of Delhi forthwith.
3. It is seen from the affidavit filed by the Bureau of Indian Standards that the licence was issued to the said company in accordance with the provisions of the Act, Rules and Regulations framed thereunder. All procedures prescribed by the Rules are followed, inspection was carried out and thereafter the necessary licence was issued in favour of the Chinese manufacturer.
4. It appears that the petitioner had filed a complaint before the District Consumer Disputes Redressal Forum against respondent No. 2 Discom complaining that the new meter installed in the premises of the petitioner was not recording the correct reading and the meter was spurious. The District Consumer Redressal Forum directed the respondent No. 2 Discom to install a pilot meter on the connection of the consumer and report the reading/load recorded by both the meters so that the grievance can be addressed immediately. In compliance with this direction, a pilot meter was installed and reading in both the meters was recorded and the report was prepared stating that the reading in both meters was same and the meter installed at the premises of the petitioner was correct. Consequently, the District Consumer Redressal Forum on 25th July, 2006 has dismissed the complaint filed by the petitioner. The petitioner has thereafter filed the present Public Interest Litigation by repeating the same allegations.
5. In our view, this Public Interest Litigation is ill-conceived, frivolous and abuse of process of law. We dismiss the petition with costs of Rs.5,000/-, which will be paid by the petitioner to the respondent no.1.
CHIEF JUSTICE SANJIV KHANNA, J.
JANUARY 16, 2009 VKR/NA