(2

IN THE cOURT OF SPECIAL ELECTRICITY coURT, ROHINI

COURTS, DELHI
Of 2010
No. -------
Petition

In Re

Sh. Ram Pratap

S/oSh. Sukhlal

R/o S-25,Mangol Puri,

Delhi-110083.
---Plaintiff

Versus5

Nor:h DelhiPower limited

Through Itsmanager

Enforcement Assessment Cell,

E.A.C.Building,Sector-3,

Rohini,Delhi-110085.

2. Nor:h DelhiPower Limited

Through ItsC.E.OO.

Crid Sub StationBuilding,Hudson Lane,

Kingsway Camp, Delhi-110009.

-- Defendants

sUIT FOR DECLARATION AND PERMANENT INJUNCTION

Sir
submits as under
Itis respectfully
user ofthe
and the e
Sumer
consumer
1.That is the registered
the plaintiff L at tred
K.No,42100187699 load
of1
etiety connectionbearing
with a sanctioned
domestic purpose
said address for

KW.
for the
said electricconnection
2 That the plaintiffis using the defendant
and has
never
by the
it was sanctioned
purpose or violated any
anybreach of agreement
committed of time
at any point
of the defendant
rules/regulations

whatsoever.

the payment as her

his
making
3. That the plaintiffwas regularly
the said
and there is no outstanding against
consumption

Connection,

4. That as per the regulation7 of Complaint Handling Procedure

and RetailSupply
Relatingto distribution 2003,the defendant is

under an obligationto keep the meter in a correctrecording

DOsition.Furtherthe defendant should not change the meter rent

forthe period ifthe meter remains defective.
The officials
of the
defendant have never pointed out
any discrepanciesin the
 of the
out at the premises
was carried the
5. That inspection
an illegal durin9
Jurin u
was found
no irreqularity
on
plaintiff
16-06-10and defendant
and the defendan
or intimated the plaintiff ElectriCILY
cOurse of inspection ofthe
(u/s135
case of DAE
implicated
in
the plaintiff
a

raised a demand
forthe same a
raised that
and wrongly
Act 2003)and falsely which alleged
Rs 40,899/-,
to the tune of DOx
llegalinspection domestic purpose,
2.12 Kw fornon ana
load was
the connected was not found
meter seal
tampered,
meter was found the meter.
at the back of
was found
createdholes
manually

asked the
plaintiff
said illegalinspection,
of
6. That at the time but the
the inspection,
the defendant regarding
officialsof is not working
said that the meter
of the defendant
officials
the meter. The plaintiff
they are changing
therefore
properlyand team,
act conducted by the inspection
with the
was not satisfied
but the defendant
never touches the meter,
as the plaintiff
The
the recorded consumption.
and manipulated
wrongly
and
It is
unconstitutional.
inspection reportis wrong, arbitrary
the earnest money from
of the defendantto extort
only a means
as per the inspection
through this illegalallegations
the plaintiff

report.
who has
Itis pertinentto mention here that itis the defendant,

Act 2003 ad the

violatedrule and regulationsof the Electricity
 of seals OT
only on account
booked
"NO case for theftshall be windows,
of glass
or breakage
the meter missing
or tempered ard
of consumer
pattern
by consumption
uniess Corroborated
as may be available".
sUch otherevidences
the
is within
report
load ofthe inspection and excess
hat the connected is no case of load
violation
are
load and there fridge
sanctioned machine,
gysers, washing
load. The A.C.,fans, load.The
officials
case of excess
thereis no and
seasonal and hence to harass
the said inspection
of the defendant prepared

humiliatethe plaintiff.

order
a speaking
of the defendant have passed
8. That the officials the
of Rs 40,899/- for
raised a bill dated 16-06-10
and
of the defendant issued
billforDAE and the officials
assessment
The of
officials
disconnectionof power supply.
a notice for the
said
illegal demand against the
raised an
the defendant
arbitrary and
the said demand is illegal,
connection report and

unwanted.
is under
the plaintiff a threatof
Itis pertinentto mention that
due to act of the defendant,while
disconnectionof electricity

54 ofDERC 2007
as per regulation

"In case of defaultin payment of the assessment amount, the

licenseewill,aftergiving a 15 days noticein writing,filea casee

 to
the respondent
in the officeof
presented and
9.That the plaintiff report
and inspection
cause notice
the show did not
withdraW
of the defendant
but the officials
his version a
explained and raised wrong
the genuine pleaof plaintilf
heed on Further
paid any is not justificd.
justified.
bil, which
high bill,
wlhich
and excessively 17 days,while
orderalter
a speaking
defendantpassed
53(ii)
as per Regulations shall give due
give
the licensee
personal hearing,
During the the consumer
and pass,
by
to the factssubmitted is
consideration the case of theft
a speaking
orderas to whether
within 3 days,
have passed speaking
while the defendant
established or not",

orderafter17 days. be null

and liableto
order is totallywrong
Hence the speaking
is
Hence the speaking order
with final bill.
and void/quashed
the law.
wrong and arbitraryand against
totally

of the defendant is illegal,

10. That the aforesaid act
of
improper, arbitrary
and against the principal
unwanted,

naturaljustice.

leftno
due to the act of the defendant,the plaintiff
11. That

other remedy except to approach this Hon'ble court by way of

thispresentpetition.
 was carried
out by the
respondent.It
furtherarose on
defendant passed a when the
speaking order
dated 02-07-10
The arbitrarily.
defendantare also
threatening personally
forthe and
telephonicallyY
disconnectionof
electricity
and hence the
cause of
is still acO
subsisting.

13 hat the cause of actionto

filethe present petition
arosein
favour of the and against the defendant at Delhi,both
plaintiff

the parties
working forgain at Delhi.The property/premisesIn

question also situatedat Delhi,hence the Hon'blecourt has got

thejurisdiction
to entertainthe presentpetition.

14. That the requisitecourt fees has been affixedwith the

plaint.

PRAYER:

Itis thereforerespectfully
prayed that in view of the factsof the

case,theHon'blecourtbe pleasedto

Pass a Decree of Permanent Injunction in favour of the plaintiff

and against the defendant,thereby

restraining the defendants,
their agents, employees, associates,officers/officials
and the

person working on theirbehalf from

disconnecting the electricity
 b. Pass a Decree
of
Declaration
in favour
Vour of the
the plaintiff
and
and inst
the plaintiff agai
defendants,
therebyto declare
re the
the bill
bill dated 16-06-10
ot
of Rs
16-06-10 Rs
40,899/- for the
assessment bill for DAE and the inspection
eport,show cause
notice alongwith Speaking order dated 4
0/-10againstk.No.
42100187699L installed
attheprerrise
the plaintiff,

Pass the order for in favour of the plaintiffand

compensation

against the defendants for harassment, tension,and agony in

the hands of the defendants.

d. Cost of the suit be also passed in and

favour of the plaintiff

againstthe defendants.

e Pass such otheror further order in favour of the plaintiff

and

againstthe defendants,which this Hon'ble court deem fitand

proper.

Delhi
Plaintiff
Dated

Through

K.C. KALRA and

Co.