IN THE COURT OF, LD. A.S.J.
SPECIAL ELECTRICITY
COURT, TIS HAZARI COURTS, DELHI.
SUIT NO. ____2023
IN THE MATTER OF: -
Mr. Shivender Gaur,
S/o Late Sh. [Link]
R/o Flat no. 400, Pocket-1,
DDA SFS Flats, Sector-9
Dwarka, Delhi-110077 ....Plaintiff
VERSUS
M/s Tata Power Delhi Distribution Ltd (TPDDL)
AT :-
SERVICE TO BE EFFECTED
THROUGH ITS AUTHORISED
SIGNATORY ....Defendant
P.S.-
SUIT FOR DECLARATION AND PERMANENT
INJUNCTION
MOST RESPECTFULLY SHOWETH: -
1. That the plaintiff is a peace-loving and law-abiding senior
citizen of India residing at Flat no.-400, Pocket-1, DDA SFS
Flats, Sector-9, Dwarka, Delhi and the defendant is a
public Ltd company engaged in the supply and distribution
of electricity in some parts of Delhi.
2. That the plaintiff is the sole owner of the one commercial
property having address: House No XVII/2363, Pvt.-1,
Khasra No 807/377, Portion Front, Floor 2 nd Main Patel
Road, Village Shadi Khampur, Delhi-110008 measuring
219 sq. feet approx and is getting electricity supply from
M/s Tata Power Delhi Distribution Ltd (TPDDL) since the
date of energization i.e. 12.09.2008 and the regular bills of
electricity CA No.- 10309691285 regularly as per the
electricity bills raised by the defendant's officials and
paying regularly all bill of defendant generated by him as
per uses of plaintiff/tenant of plaintiff .
3. That the said property has been lying vacant since March
2023 and the electricity connection was disconnected due
to non-payment of electricity bills. It is significant to
mention here that to let the property on rent, on the 16 th
or 17th of June of 2023, the plaintiff paid all the pending
bills of defendant and officials of defendant reconnected
the meter of plaintiff again as well as restored the
electricity of the subjected meter. After reconnection, the
plaintiff visited the property to inspect/check the meter
after reconnected by the officials of the defendant and
everything was normal.
4. That the plaintiff used to visit this property many times in
particular on 20th June 2023 in connection with finding the
tenant for this property and finally rented this property to
one Mr Javed S/o Sh. Khalil R/o 2365, 3 rd floor, Mandir wali
gali, Near Mandir, Khampur, Patel Nagar, Delhi-110008 on
01.07.2023 and got the lease agreement done on
08.07.2023 which got attested and Notarized.
5. That on the 16th or 17th of June 23 when the electricity got
reconnected/restored and on the 20th of June, 1st of July
and on the 8th of July during the visit, the plaintiff had
personally seen that the electricity connection was rightly
connected with the electricity meter and the electricity
was duly supplied as per norms through the electricity
meter to the said property and this fact is further
corroborated by the TPDDL meter reader or meter
inspector, on 27.06.23 & 28.07.2023 while noting down
the meter reading and reported “Status (Visual
Inspection)- OK, Single Phase” which is reproduced in
the electricity bill no. 10309691285 dated 27.06.2023 &
10409782909 dated 29.07.2023 respectively. A copy of
the Bills is annexed herewith and the bill amount of Rs.
it is calculated for the period of twelve months.
“The considerable question is raised herein that if
the inspection was duly held/done on 27.06.2023 &
28.07.2023 by the officials of the defendant then
how the impugned will was generated for the 12
months. In this manner raised bill is false and
fabricated and liable to be declared null and void.”
7. That on the day 31.07.2023 the plaintiff was surprised and
shocked when he came to know through his tenant Mr.
Javed that Tata Power DDL Enforcement Assessment Cell
had conducted a raid on the premises and alleged that
there was electricity theft going on. The plaintiff also came
to know that at the time of the raid by TPDDL raiding party
Mr. Javed was getting some renovation and electricity
fittings done in the said property hall no-1.
7. That it is submitted that the electricity meter was
connected to the said property which was also reported by
the TPDDL meter reader or meter inspector, on
28.07.2023, just three days before the so-called raid, while
noting down the meter reading and reported “Status
(Visual Inspection)- OK, Single Phase”. It is pertinent
to mention here that on this date i.e. 31.07.2023 neither
they have disconnected the electricity nor they have
seized the electricity meter.
6. That based on the said false and fabricated inspection
carried on 31.07.2023, the defendant raised a false and
fabricated Notice: EAC 315767 dated 07.08.2023 against
Mr Javed and false and fabricated theft bill ( Final Charges
For Direct Theft Of Electricity) no: 40007927527 dated
03.08.2023 for an amount of Rs.7,38,130/- which was
delivered by hand to Mr Javed on 08.08.2023, who was the
tenant of plaintiff and currently left the property of plaintiff
due to said raid and currently property of plaintiff is again
vacant.
7. That the office of the defendant has illegally issued the bill
to the plaintiff and now wants to extort money on the
illegal bill raised by the officials of the defendant and no
legal procedures have been followed by the defendant
before issuing the above said fake bill no: 40007927527
dated 03.08.2023 for an amount of Rs.738,130/-which is
mandatory and essential according to DERC rules &
regulations. The defendant has adopted malpractice in
preparing and sending the false and fabricated notice and
bill to Mr. Javed, who was the actual user of electricity.
8. That the plaintiff was surprised to see the bill no:
40007927527 dated 03.08.2023 for an amount of
Rs.738,130/-was calculated on inflated, fabricated and
arbitrarily calculated connected load of 8.915 against the
sanctioned load of 3.00. Prior to this, no notice was ever
issued by the defendant in connection with any misuse for
connecting more than double load over the sanctioned
load of 3.00.
9. That the plaintiff was further surprised to see the bill no:
40007927527 dated 03.08.2023 for an amount of
Rs.738,130/- was issued for a period of 12 months from
01.08.2022 to 31.07.2023, without considering that there
was an inspection report by the TPDDL meter reader or
meter inspector, on 28.07.2023, just three days before the
so-called fabricated raid, while noting down the meter
reading and reported “Status (Visual Inspection)- OK,
Single Phase”. This bill should have been raised as per
section 63 of the Delhi Electricity Regularity Commission
rules & regulations and should have been for the exact
period of theft, (if any).
10. That on 09.08.2023 the plaintiff approached the office of
Tata Power DDL, Enforcement Assessment Cell, Sector-3,
Rohini, Delhi, to lodge a formal written protest and
representation against the said false and fabricated
Inspection report, Notice & Bill. The officer concerned
refused to take any representation from him. The plaintiff
was told that we had stopped taking any representation
from consumers and they had to pay the amount as per
the theft bill raised and further said that if you have any
grievance then you are free to approach the court. After
this, the protest was conveyed verbally to the officer
concerned. This visit can be verified by summoning the
visitor's register of this office where the plaintiff has made
the requisite entry.
11. That suddenly on 26.08.2023 without any notice TPDDL
illegally and unlawfully disconnected the electricity supply
in the said premises.
12. That sudden disconnection of electricity without following
the due process of law resulted in the tenant vacating the
said premises and consequently terminating the lease
agreement, which resulted in the loss of Rs 10,000/- PM to
the plaintiff.
13. That it is pertinent to mention here that the regular bills
raised by the defendant are regularly paid and the present
bill no: 40007927527 dated 03.08.2023 raised by the
defendant is not only illegal and unlawful but a result of
arbitrary, frivolous action on the part of the defendant.
14. That the action of the defendant was not only illegal but
against all cannons of law and further against the law of
natural justice & against the plaintiff’s fundamental rights.
It is also important to mention here that the plaintiff was a good
pay master and was regularly paying the bill on the basis
of actual consumption as raised by the defendant and the
present bill is raised by the defendant is not only illegal,
but a result of arbitrary action on the part of the
defendant.
12. That the plaintiff has never fault on his part in respect of
the said bill, but the officials of the defendant has sent a
alleged bill with the malafide intention to extort the
money from the plaintiff.
15. That the Hon’ble Supreme Court in KC Ninan vs. Kerala
State Electricity Board, decided on 19.05.2023, 2023
SCC OnLine SC 663, while discussing the disconnection
dealt in Section 56 of the Electricity Act 2003 held in para
119 that “The power to disconnect is a drastic step which
can be resorted to only when there is a neglect on the
part of the consumer to pay the electricity charges or
dues owed to the licensee or a generating company
…….”. It is pertinent to mention here that there was no
neglect on the plaintiff’s side and all regular electricity
bills issued by TPDDL up to 31st July 2023 are fully paid.
Therefore this act of disconnection by the officers of the
defendant is totally illegal and unlawful.
16. That the Hon’ble Supreme Court in Municipal
Corporation of Delhi v Anjana Iron and Steel Co. Ltd.
on 28 February 1990, AIR 1990 SC 882, it was laid down
that electricity supply should not be disconnected by the
board, without a notice to consumer. Electricity supply
cannot be disconnected on allegations that consumer had
committed theft, where the same is denied. If allegations
are true or not have to be decided by appropriate
proceedings. The Hon’ble Supreme Court held that it is
pertinent to serve notice on the concerned party before
discontinuing supply.
17. That it is a settled proposition of law that electricity is one
of the Fundamental Rights for existence and protected
under Article 21 of the Constitution of India. This
proposition is retreated by, Hon’ble Delhi High Court in
Ashish Gupta vs Tata Power Delhi Distribution
decided on 14 January 2022 and by Hon’ble Punjab &
Haryana High Court in Om Prakash v. Balkar Singh,
decided on 19-12-2022, 2022 SCC OnLine P&H 3733.
18. That it is significant to mention here that the defendant is
adopting mal - practise in preparing and sending the false
and fabricated bill to the customer as well as creating the
false bill and disconnecting the electricity supply of the
plaintiff in the subjected meter as well as doing the
violation of all appropriate law and directions given by the
hon’ble Apex Court.
19. That the cause of action first arose when officials of the
defendant raided the plaintiff’s premises on 31.07.2023
and the cause of action further arose when plaintiff
received the illegal as well as false bill dated 03.08.2023
of Rs Rs.738,130/- and false notice dated 07.08.202 and
the cause of action further arose when the plaintiff visited
the office of the defendant and an official of the defendant
refused to take the written protest and representation
against their unlawful and illegal act and the cause of
action further arose on 26.08.2023 when officials of
defendant disconnected the power supply to the plaintiff’s
premises and the further cause of action is still subsisting
as the officials of defendant are regularly giving threats to
implicate him in false theft case of electricity at any time.
20. That the plaintiff is a senior citizen, this unlawful act of
disconnection by TPDDL resulted in the loss of his monthly
earnings for survival.
21. That the plaintiff has no other efficacious remedy except
to file the present suit against the defendant.
22. That the parties to the suit also work for gain at West
Delhi District and the subjected property is within the
jurisdiction of this Hon’ble Court and subjected disputed
arisen within the territory of this hon’ble court, therefore
this Hon’ble Court has jurisdiction to try and decide the
same.
23. That the value of the suit for the purpose of jurisdiction is
738130 and for the purpose of court fees for the relief of
declaration is Rs. 200/- and for the relief of mandatory
injunction is fixed Rs.130/-each i.e. 260 which the
appropriate court fee has been affixed on the face of the
plaint.
PRAYER:
A. It is, therefore, most respectfully prayed that a decree of
permanent injunction against the defendant directing
TPDDL to restore the electricity connection with
immediate effect in the said property be granted.
B. It is further prayed that considering the facts and
circumstances and inspection done by the meter reader
on 27.06.2023 & 28.07.2023 with the remarks and
reported “Status (Visual Inspection)- OK, Single
Phase”. the alleged electricity bill no: 40007927527
dated 03.08.2023 for an amount of Rs.7,38,130/- raised by
the officials of defendant on property/ House bearing no
XVII/2363, Pvt.-1, Khasra No 807/377, Portion Front, Floor
2nd Main Patel Road, Village Shadi Khampur, Delhi-110008
may kindly be declared null and void.
C. It is further prayed to give the direction to defendant to
pay the compensation of Rs………. to plaintiff for his
mental, physical and financial agony occurred due to
defendant.
C. Any other or such further order(s) which this Hon’ble Court
deems fit and proper may kindly be passed in favour of
the plaintiff and against the defendant.
Plaintiff
Through [Link]
Delhi Advocate
Dated:
VERIFICATION:-
Verified at Delhi on this ________day of October 2023,
that the contents of para no. 1 to 12 of the plaint are true and
correct to the best of my knowledge and para no 15 to 23 of
the plaint are believed to be true as per the information
received by me. Last para A to C is the prayer to this Hon’ble
Court.
Plaintiff
IN THE COURT OF, LD. A.S.J. SPECIAL ELECTRICITY
COURT, TIS HAZARI COURTS, DELHI.
SUIT NO. ____2023
IN THE MATTER OF: -
Mr. Shivender Gaur ....Plaintiff
VERSUS
M/s Tata Power Delhi Distribution Ltd (TPDDL) ....Defendant
P.S.-
A F F I D A V I T
I, Shivender Gaur, S/o Late Sh. [Link], R/o Flat no. 400,
Pocket-1, DDA SFS Flats, Sector-9, Dwarka, Delhi-110077, do
hereby solemnly affirm and declare as under:-
1 That I am the plaintiff in above mentioned case and
am fully conversant with the facts and
circumstances of the same, hence competent to
swear the present affidavit.
2 That the accompanying suit for declaration and
permanent and mandatory injunction has been
drafted by my counsel under my instructions and
the contents of the same have been explained to
me in my vernacular, same may be read as part
and parcel of this affidavit, which are not being
reproduced herein for the sake of brevity.
Deponent
VERIFICATION: -
Verified at Delhi on this ____ day of September,
2023, that all the contents of this affidavit are true
and correct to the best of my knowledge and
nothing has been concealed therefrom.
Deponent
IN THE COURT OF, LD. A.S.J. SPECIAL ELECTRICITY
COURT, TIS HAZARI COURTS, DELHI.
SUIT NO. ____2023
IN THE MATTER OF: -
Mr. Shivender Gaur ....Plaintiff
VERSUS
M/s Tata Power Delhi Distribution Ltd (TPDDL) ....Defendant
APPLICATION UNDER ORDER 39 RULE 1 AND 2
READ WITH SECTION 151 C.P.C. FOR AD-INTERIM
EXPARTE INJUNCTION.
Sir,
The applicant /plaintiff most respectfully submits
as under:-
1. That the applicant has filed accompanying suit for
declaration and Permanent and mandatory
Injunction before this Hon'ble court the contents of
the same may kindly be read and part and parcel of
this application for the sake of brevity.
2. That the electricity is need of every person as well
as fundamental rights of every one as essential
things of life and no body can deprive to any one.
The impugned bill raised by the officials of the
defendant is false and fabricated and against the
law that is why the electricity of plaintiff may be
restored in the interest of justice without any
consideration.
3. That balance of convenience lies in favour of the
applicant /plaintiff and against the defendant.
4. That the applicant/plaintiff has good prima facie
case and there is every likely-hood to succeed in
the same.
5. That in case the defendant succeeded in his illegal
design, the plaintiff shall suffer irreparable loss
and injury which can not be compensated in terms
of money and purpose of filling accompanying suit
would become infracutous.
prayer
It is therefore, most respectfully prayed that
this Hon'ble court may kindly be pleased to pass an
ex-partee ad interim order, thereby giving the
direction to the defendant for restoring the electricity
connection / meter no…………… which is installed in the
property/ House bearing no XVII/2363, Pvt.-1, Khasra No
807/377, Portion Front, Floor 2 nd Main Patel Road, Village
Shadi Khampur, Delhi-110008 till the final disposal of
the suit.
Any other relief which this Hon'ble court may
deem fit and proper under the facts and
circumstances of the case may kindly be granted in
favour of the plaintiff and against the defendant.
Plaintiff
Through
Counsel
Delhi
Dated
IN THE COURT OF, LD. A.S.J. SPECIAL ELECTRICITY
COURT, TIS HAZARI COURTS, DELHI.
SUIT NO. ____2023
IN THE MATTER OF: -
Mr. Shivender Gaur ....Plaintiff
VERSUS
M/s Tata Power Delhi Distribution Ltd (TPDDL) ....Defendant
A F F I D A V I T
I, Shivender Gaur, S/o Late Sh. [Link], R/o Flat no. 400,
Pocket-1, DDA SFS Flats, Sector-9, Dwarka, Delhi-110077, do
hereby solemnly affirm and declare as under:-
1. That I am the plaintiff in above mentioned case and
am fully conversant with the facts and
circumstances of the same, hence competent to
swear the present affidavit.
2. That the accompanying application under Order
XXXIX Rules 1 & 2 read with Section 151 C.P.C. has
been -drafted by my counsel under my instructions
and the contents of the same have been explained
to me in my vernacular, same be read as part and
parcel of this affidavit, which are not being
reproduced herein for the sake of brevity.
q
Deponent
VERIFICATION:-
Verified at Delhi on this ____ day of January, 2018,
that all the contents of this affidavit are true and
correct to the best of my knowledge and nothing has
been concealed therefrom.
Deponent
