Final Order 3

Order Details: COPY OF ORDER
Pdf Text: CS DJ- 321-25
Rajesh Vs TATA Power Delhi Distribution Ltd.
16.04.2025
Present : Ld counsel for plaintiff.
Further arguments on the point of admissions stand heard.
Briefly stated the present suit is a suit for Declaration and
Permanent Injunction filed by the plaintiff feeling aggrieved against the
electricity bill dated 22.01.2025 whereby a demand of Rs. 3,29,000/-
has been raised against the plaintiff, by submitting that the said demand
is not commensurate with usages of the electricity by him in the
premises concerned.
The court after hearing the submissions of Ld counsel for
plaintiff as well as having gone through the provisions of Electricity
Act, 2003 and more specifically provisions of section 42 (5) & (6) of the
said Act which provides for the establishment of proper Forum for the
redressal of the dispute regarding the electricity bill as well as
Ombudsman in this respect, seen in the light of Judgment of Hon’ble
Supreme Court of India in the matter of Maharashtra Electricity
Regulatory Commission Vs Reliance Energy Ltd. & Ors cited as
(2007) (8) SCC 381 as well as Hon’ble High Court of Delhi in the
matter of Ram Kishan Vs NDPL cited as 130 (2006) DLT 549 (DB),
has come to the conclusion that present suit is barred by provisions of
Order 7 Rule 11 (d) CPC and accordingly rejected as such.
File be consigned to record room.
(Vinay Singhal)
District Judge-09 (Central)
Tis Hazari Courts, Delhi.
16.04.2025
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