New Rajdhani Co-Operative ... vs Municipal Corporation Of Delhi ...
1992 Latest Caselaw 26 Del

JUDGMENT

D.P. Wadhwa, J.

(1) First petitioner is a society registered under the Societies Registration Act. The services of the petitioner were taken over by the respondent-MCD on 11.7.89. The second respondent is constituent under the Delhi Municipal Corporation Act which gave electric supply to the society in April, 1990 which led to filing of writ petition, it -being Cwp No. 1448/90. During the course of hearing of that writ petition, it has been brought to the notice of the court that there was a demand of electricity charges amounting to Rs-93,067/81 as due from the society. This amount thereafter the petitioner Society paid and electric connection supply was restored. Thereafter the second respondent-DESU raised another bill for Rs.69,527.50 allegedly on the ground of late payment of the aforesaid amount and also raised a demand on account of reconnection charges.

(2) When we heard the matter on 18th July,1991, we wanted to know as to how an amount of Rs.69,527.00 has been arrived at by the respondents. The counter affidavit filed by the respondent was silent as to how this demand has been raised. We required the respondents to file a proper affidavit to bring on record as to how and on what basis the amount as raised was claimed. In spite of two oppportunities, this has not been done. We are not prepared to grant any further adjournment to the respondents and, therefore, we quash the impugned demand. At the same time we will give opportunity to the respondent to give a fresh notice to the petitioner giving full details as to how the demand had been raised and also give the petitioner opportunity to show cause against the same. Respondent, however, shall not disconnect the electricity supply on account of non-payment of this amount and recover this amount in accordance with law. Writ petition is allowed. No costs.