Delhi High Court
North Delhi Power Ltd. vs Smt. Veena Rani on 27 March, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.03.2015
+ CS(OS) 509/2007, IA No.6063/2008
NORTH DELHI POWER LTD. ..... Plaintiff
Through: Mr. Rahul Malhotra, Adv.
versus
SMT. VEENA RANI AC+ ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Open Court)
This is a suit for recovery of Rs.24,39,508/- with interest @ 18% per
annum. It is the plaintiff's case that the defendant is a consumer of
electricity which was supplied to her premises bearing Khasra No.80,
Samaipur, Delhi through meter bearing K.No.454011231890. Bills were
raised for the electricity connected against which the defendant made partial
payments. A balance of Rs.24,39,508/- remains to be paid on which, the
defendant is liable to pay late payment interest @ 18% per annum as per the
terms of the bill. The details of the bills raised from October, 2003 are as
under:
Date of Bill Net Demand
27.10.2003 Rs.55,984/-
28.11.2003 Rs.82,448/-
27.12.2003 Rs.56,281/-
04.02.2004 Rs.6,78,755/-
Up to 20.9.2005 Rs.30,86,558/-
20.10.2005 Rs.32,84,073/-
20.11.2005 Rs.33,22,005/-
24.12.2005 Rs.34,37,353/-
31.01.2006 Rs.19,65,235/-
22.2.2006 Rs.20,78,591/-
20.3.2006 Rs.21,96,178/-
25.5.2006 Rs.23,41,143/-
25.6.2006 Rs.23,73,766/-
Up to January, 2007 Rs.24,39,508/-
As against the aforesaid bills, the defendant has made
payment of following amounts annually to the plaintiff.
Date of Bill Amount paid
9.10.2003 Rs.65,000/-
31.10.2003 Rs.50,000/-
November, 2003 Nil
22nd December, 2003 Rs.50,000/-
February, 2004 Nil
Up to November, 2005 Nil
3rd December, 2005 Rs.80,000/-
30th December, 2005 Rs.40,000/-
31st December, 2005 Rs.40,000/-
1st & 2nd February, 2006 Rs.80,000/-
28th February, 2006 Rs.80,000/-
7th April, 2006 Rs.35,000/-
3rd May, 2006 Rs.40,000/-
2nd June, 2006 Rs.35,000/-
Up to January, 2007 Nil
The averments in the plaint have been supported through the evidence
of Mr. Jasmeet Singh, Assistant Manager of the plaintiff. The defendant has
been proceeded ex parte on 12.11.2013. The plaintiff's case is that after
adjusting the amounts received from the defendant an amount of
Rs.24,39,508/- still remains outstanding. There is no rebuttal of the claims
of the plaintiff. There is no reason to disbelieve the same. The plaintiff has
made out a case for grant of the reliefs sought. Accordingly, the suit is
decreed in terms of prayer clause (a) of the plaint. The plaintiff has claimed
pendente lite and future interest @ 18% per annum. However, this Court
deems it appropriate to award interest @ 9% per annum, which shall be
payable from the date of filing the suit till the realization of the decretal
amount.
Let the decree sheet be drawn up accordingly.
The suit is disposed off in the above terms.
NAJMI WAZIRI, J
MARCH 27, 2015/ak
