KAMLESH GAUR vs Delhi Electric Supply Undertaking

-THE first submission of the learned Counsel for the Complainant is that the complainant after obtaining guide lines from the respondent installed a 40 KVA generator set and now she is not being allowed to operate it by them. THE respondent in such circumstances could not disallow them to do so. We have heard the learned Counsel for the parties at a considerable length. THE question that arises for determination is, whether the complainant is entitled to install a 40 KVA generator set in her premises. THE respondent vide resolution No. 68 dated 17th April, 1989 took a decision, "permission for the capacity of DG set to be granted may be 20% over and above, the sanctioned load of the registered consumer". THE resolution is binding on all the persons who want to install generator set within the municipal area. Admittedly the generator of 40 KVA which is sought to be installed is more than 20% over and above the sanctioned load of the complainant. THEre is no reliable evidence on the record to show, that the complainant took prior permission of the respondent to install the 40 KVA generator set. THErefore, the complainant is not entitled to install a generator of 40 KVA.

FACED with this situation the learned Counsel for the complainant sought to urge that while pruchasing the generator it was not brought to their notice by the employees of the respondent that she was not entitled to 40 KVA generator and, therefore they cannot now say that she was not entitled to install the same. We regret our inability to accept the contention. It has already been observed that there is no reliable evidence that the complainant took permission to install 40 KVA generator before purchasing it. Moreover under the Delhi Municipal Corporation Act the M.C.D. is entitled to make subordinate legislation and a citizen cannot be allowed to say that he did not know such a legislation. It was the duty of the complainant to find out the said resolution and purchase the generator set of the capacity as resolved therein. Consequently we reject the submission of the learned Counsel for the complainant. The second submission of the learned Counsel for the complainant is that the respondents are not giving effect to her request to change the name of the licensee in the records of the respondent, inspite of various requests having been made by her. The respondent''s Counsel has argued that the conditions of supply of electricity do not authorized the complainant to get the name of the licensee changed. We have considered the arguments of the Counsel for the parties. Our attention has been drawn to Annexure ''C which is Form ''B'' (Industrial) issued by Delhi Electric Supply Undertaking. This application Form is for making an application to DESU inter-alia for the purpose of changing the name of the licensee. The complainant has also produced a Brochure tided as ''Your Guide To Working Towards A Better Delhi'' which provides that subject to confirmation of title of legal occupancy there is no restriction of change of name of the licensee or of change of constitution. After taking into consideration the aforesaid circumstances we are of the view that the complainant is entitled to get the name of the licensee of the electricity changed after paying the normal dues and completing the formalities.

Faced with this situation the learned Counsel for the respondent has argued that the Commission has got no power to grant the said relief. In support of his contention he has referred to two decisions of the National Commission in Electricity Department, Government of Goa v. M/s. Nunes Enterprises, I (1993) CPJ 77 (NC) and Union of India v. N. Vasudevan, I (1993) CPJ 84 (NC). We have duly considered the argument. In M/s. Nunes Enterprises'' case (Supra) the State Commission by an interim order had ordered the Electricity Department to restore the electricity to the complainant''s factory. It was observed by the National Commission that the Commission had no jurisdiction to grant that relief and that it could grant compensation to the complainant for disconnecting the electric connection. In that case a bill of Rs. 5,22,637/- was raised by the appellant on the respondent. The appellant in view of non-payment of the bill disconnected, the electric connection of the respondent''s premises. In a complaint by respondent, the State Commission of Goa, without deciding about correctness of bill granted ad-interim injunction against the opposite party. In appeal the National Commission observed that in view of the facts of the case, the ad-interim-injunction could not be granted. In N. Vasudevan case (Supra) the State Commission had directed the Telephone Department to give telephone connection to the complainant. The National Commission set aside that order holding that the Commission had no jurisdiction under the provisions of the Consumer Protection Act to grant that relief. It is thus evident that the National Commission is of the view, that the Fora under the Consumer Protection Act cannot grant the relief of injunction. In this situation it will not be proper to issue injunction against the respondent. It will also not be proper to dismiss the complaint on this ground as there is merit in the contention of the complainant. Therefore, we grant exemplary damages amounting to Rs. 20,000/- against the respondent, subject to the condition that if they transfer the connection in the name of the transferee after due formalities in accordance with the instructions given in "Your Guide Undertaking, to Working Towards a Better Delhi" within a period of three months, they shall not be liable to pay the damages.

FOR the aforesaid reasons we accept the complaint with costs and direct the respondent to pay an amount of Rs. 20,000/- to the complainant within a period of three months, subject to the condition as stated above. In case the respondent fails to pay the amount or transfer the connection in the name of the transferee action shall be taken against them under Section 27 of the Consumer Protection Act. Costs Rs. 2,000/-. Complaint allowed with costs.