Gurjeet Kaur v. Ramesh Chandra & ANR

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1861/2014 GURJEET KAUR ..... Petitioner Through:

Mr.

Vijay Kumar Ravi, Ms.Lal Ronguri, Mr. Sanjay Singh, Advs.

versus RAMESH CHANDRA & ANR ..... Respondents Through:

Mr. Gaurav Seth, Adv. for R-1.

Mr.

Manish Srivastava, Mr.Arav Kapoor, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 28.01.2016 1.

The petitioner is seeking electricity connection in respect of premises bearing No.X/349, Gali No.9, Mohalla Ram Nagar, Gandhi Nagar, Delhi - 110031.

2.

Learned counsel for the petitioner submits that respondent no.2 has not sanctioned electricity connection to the petitioner because respondent no.1, who is the landlord of the petitioner, is not giving the NOC. 3.

Learned counsel for respondent no.1 submits that the petitioner took the premises on rent for the purposes of godown and no electricity connection was provided to the petitioner at the time of letting out, and, therefore, Respondent no.1 is not willing to give the NOC to the petitioner. 4.

In the facts and circumstances of this case, respondent no.2 is directed to provide the electricity connection to the petitioner in respect of the above stated premises on the following conditions:

(i) The petitioner shall file a fresh application for electricity connection to respondent no.2 which shall be processed as per the rules without

insisting on the NOC from respondent no.1. The petitioner shall complete all commercial formalities for the sanction of the electricity connection. (ii) The petitioner shall deposit three months' security deposit with respondent no.2.

(iii) The petitioner shall continue to pay the consumption charges as per the bills raised by respondent no.2.

The security deposit shall not be adjusted against the current dues and shall be refunded back to the petitioner without interest as and when the petitioner vacates the subject premises subject to adjustment, if any, on account of the arrears. Respondent no.2 shall be entitled to disconnect the electricity, if the current dues are not paid. (iv) The petitioner shall furnish and provide the details of his bank account and permanent address to respondent no.2. (v) Respondent no.1 shall not be held responsible for payment of electricity charges in respect of the consumption by the petitioner. 5.

This order is passed without prejudice to the rights and contentions of the petitioner and respondent no.2 in respect of their inter se dispute. 6.

The petition and the pending application are disposed of in the above terms.

7.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 28, 2016 dk