North Delhi Power Ltd. v. Smt. Veena Rani Ac+

* 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/- CS(OS) No. 509/2007 Page 1 of 3

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 CS(OS) No. 509/2007 Page 2 of 3

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 CS(OS) No. 509/2007 Page 3 of 3