Golden Assets Holding (P) Ltd. v. New Delhi Municipal Council

$~257 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GOLDEN ASSETS HOLDING (P) LTD.

..... Petitioner Through:

Mr. Jasmeet Singh & Ms. Nistha Kishore, Advs.

Versus

NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through:

Ms. Malvika Trivedi & Mr. Jitendra Kr. Tripathi, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 22.04.2016 CM No.14236/2016 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

W.P.(C) 3343/2016 & CM No.14235/2016 (for stay) 3.

The petition impugns the bills raised by the respondent New Delhi Municipal Council (NDMC) with respect to electricity connections bearing K. Nos.K111899A, K122510 & K113360A installed at E-42 & 43, First Floor, Connaught Place, New Delhi and the demand dated 8th April, 2016 of the respondent for the amounts thereof and notifying the petitioner that upon default in payment, the electricity supply shall be disconnected. 4.

The counsel for the respondent appearing on advance notice draws attention to the order dated 29th January, 2016 in W.P.(C) No.766/2016 titled Raghubir Saran Charitable Trust Vs. New Delhi Municipal Council whereby the petition for a similar dispute was relegated to the Consumer Grievance Redressal Forum (CGRF).

5.

Faced therewith, the counsel for the petitioner confines the relief in the petition to supply of the inspection reports dated 20th August, 2015 and 18th December, 2015 and with liberty to the petitioner to if desires to challenge the same before the CGRF.

6.

The counsel for the respondent NDMC has no instructions in this regard.

7.

However in my opinion, the respondent NDMC ought not to have any objection to the supply of inspection reports. The same be supplied to the petitioner by 26th April, 2016 and if the same are not available with the respondent NDMC, written explanation thereof be furnished to the petitioner by the said date.

8.

The counsel for the respondent NDMC also states that the petitioner if so desires can avail of personal hearing.

9.

The petitioner to appear before the concerned official of the respondent NDMC on 27th April, 2016 at 1500 hours. 10.

It is further directed that subject to the petitioner paying the electricity consumption charges due till date and further subject to the petitioner out of the disputed total amount of Rs.11,59,589.95 depositing a sum of Rs.5,00,000/- with the respondent NDMC on or before 26th April, 2016, the respondent NDMC shall till the personal hearing and the decision with respect thereto and for a period of one week from the supply of copy thereof to the petitioner, not to disconnect the electric supply to the aforesaid three connections.

11.

The petition is disposed of with liberty aforesaid to the petitioner. Dasti under signature of Court Master.

RAJIV SAHAI ENDLAW, J APRIL 22, 2016 „gsr‟..