High Court of DelhiW.P.(C)/7687/2016

M/S United Engineers Service Station v. Bses Rajdhani Power Ltd.

2016-08-31Hon'Ble Mr. Justice Manmohan2 pages

#37 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7687/2016 & CM APPL. 31724/2016 M/S UNITED ENGINEERS SERVICE STATION ..... Petitioner Through Mr. B.P. Aggarwal with Ms. Ragya V. Singh, Advocates versus BSES RAJDHANI POWER LTD.

..... Respondent Through Mr. Deepak Pathak, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.08.2016 Present writ petition has been filed challenging bills raised by the respondent-BSES based on Multiplying Factor (MF) 40 instead of 20 with effect from May 2008 in respect of electricity connection bearing CA No. 100019055 installed at Indian Oil Petrol Pump. Petitioner further seeks a direction restraining the respondents from disconnecting the aforesaid electricity connection.

Mr. Deepak Pathak, learned counsel for respondent-BSES, who appears on advance notice, states that the petitioner has an alternative effective remedy by filing proceedings before the Consumer Grievance Redressal Forum (for short "CGRF"). In support of his submission, he relies upon judgment of the Division Bench of this Court in Ram Kishan Vs. N.D.P.L., 130 (2006) DLT 549 (DB).

Mr. Pathak states to facilitate the filing of alternative proceedings, respondent is willing not to take any coercive action against the petitioner for a period of one month from today, provided petitioner undertakes to withdraw the proceedings pending before the Consumer Disputes Redressal Forum [for short "CDRF"] and continues to make payment regularly. Mr. B.P. Aggarwal, learned counsel for the petitioner accepts the offer given by learned counsel for respondent.

The statements made by learned counsel for the parties are accepted by this Court and both the parties are held bound by the same. In view thereof, present writ petition and application are disposed of with liberty to the petitioner to approach CGRF within a period of one month and to withdraw the proceedings before the CDRF within the said period.

As stated by learned counsel for respondent, no coercive action shall be taken against the petitioner for a period of one month from today, provided petitioner continues to pay regular charges. Order dasti.

MANMOHAN, J AUGUST 31, 2016 rn