Delhi High Court
Brij Mohan Ram Mohan vs N.D.P.L. on 27 October, 2014
$~R-5 (Part-A)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th October, 2014
+ RSA 165/2007
BRIJ MOHAN RAM MOHAN ..... Appellant
Through: Mr. Ujjwal Kumar Jha and Mr.
B.P. Aggarwal, Advocates
versus
N.D.P.L. ..... Respondent
Through: Mr.Vikram Nandrojog, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
SUNIL GAUR, J (Oral)
Appellant is the plaintiff whose suit for injunction to restrain the
respondent from disconnecting electric supply to K.Nos.9067427 and
9067435 installed at A-86/2, Wazirpur Industrial Area, Delhi stood
decreed by the trial court whereby respondent-herein was restrained from
disconnecting the electric supply on the basis of impugned bills of
`71,534.81/- and `1967.55/-.
In the first appeal preferred by respondent herein, trial court's
judgment of 1st April, 2004 has been set aside and appellant's suit for
injunction has been dismissed while holding that appellant-plaintiff was
not competent to file the suit and that sub-letting of the premises in
question stands established from the inspection report (Ex.DW2/1) and
the bills (Ex.DW1/1 & DW1/2).
RSA 165/2007 Page 1
Upon hearing both the sides and on perusal of the impugned
judgments and the evidence on record, I find that the suit filed by
appellant was not in the capacity of being a partner of a partnership firm
and no issue on the maintainability of the suit was claimed by respondent.
In this view of the matter, the finding returned in the impugned judgment
is perverse on the face of it and is accordingly set aside.
So far as the question of misuse of electricity on account of sub-
letting is concerned, learned counsel for appellant relies upon the tariff
for the year 1980-81 of Delhi Electric Supply Undertakings (Municipal
Corporation of Delhi), which was applicable for the years 1981-82 and
1982-83 to point out that in respect of industrial load, the method of
computation of the entire electric consumption in the case of misuse was
as under: -
"In case of misuse, the entire consumption shall be
billed at the rate of 50 paise per unit from the billing month
of the date of misuse without prejudice to any action as may
be called for under the Rules/Regulations."
It is pointed that the date of misuse has to be taken as date of
inspection report as per the afore-referred tariff and if the billing is done
as per the afore-noted clause of respondent's tariff, then the amount of the
bills would be around `20,000/-. Thus, it is submitted by learned counsel
for appellant that the bills of `64,171.81/- and `1715.55/- raised on 12th
January, 1983 have to be calculated as per the afore-referred applicable
tariff.
Learned counsel for respondent submits that it is matter of
RSA 165/2007 Page 2
calculation and the impugned bills would be revised as per the afore-
referred tariff.
In view of the stand taken as aforesaid, this appeal is disposed of
with direction to respondent to revise the impugned bills of 12 th January,
1983 for the amount of `64,171.81/- and `1715.55/- in terms of the
applicable clause of the tariff as noted hereinabove.
To the aforesaid extent, the impugned order stands modified. The
amount of `20,000/- deposited by appellant with the Registrar General of
this Court be remitted back to respondent with interest on the FDR
amount of `20,000/-.
The appeal is accordingly disposed of.
(SUNIL GAUR)
JUDGE
OCTOBER 27, 2014
s
RSA 165/2007 Page 3
