Mr. Parveen Kumar, Mr. Amanpriya Singh, Mr. Sunny Vashisht, Advs. Mobile- 8851135188 [email protected] v. TATA POWER DELHI DISTRIBUTION LTD. & ANR

Through: Mr. Manish Srivastava, Mr. Moksh Arora, Yash Srivastav, Mr. Amit Singh, Advs. Mobile- 99990611836 [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R 07.04.2025 The present writ petition has been filed seeking a direction to the respondent no.1/Tata Power Delhi Distribution Ltd., to restore the electricity connection of the premises of the petitioner, and to cancel the final bill dated 20th February, 2025, with respect to the property bearing House No. 10, BLK-F, Jain Colony, Naresh Enclave City, Delhi.

2. Learned counsel appearing for the petitioner submits that house in question, has been under renovation since July-August, 2024, and the said renovation remains in progress, till date. Thus, it is submitted that during this period, there has not been much electricity usage, as the petitioner and her family members, had been residing at a nearby property. It has further been submitted that the petitioner and the four family members, including, two children moved into newly renovated house of the petitioner only in the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 W.P.(C) 4379/2025 end of the January, 2025. Thus, it is submitted that the electricity connection be restored.

3. Per contra, learned counsel appearing for the respondent no.1, i.e., Tata Power Delhi Distribution Ltd., on advance notice, has handed over a copy of settlement between the parties before the National Lok Adalat. He submits that a sum of Rs. 2,26,400/- was payable for the electricity in the property in question. Before the Lok Adalat, the said bill was settled for Rs.1,05,000/-. The said order of Lok Adalat dated 08th March, 2025, is reproduced as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 W.P.(C) 4379/2025

4. Thus, is the stand of the learned counsel appearing for the respondent no.1, that the aforesaid settled amount of Rs.1,05,000/- towards the electricity, has not been paid by the petitioner. Therefore, the electricity connection, has been disconnected.

5. In response, the learned counsel appearing for the petitioner submits that the Settlement Agreement has not been signed by the petitioner, but her mother-in-law. He submits that the mother-in-law of the petitioner, is not the registered owner. Therefore, she was not entitled to enter in any settlement.

6. Upon query by this Court, as to why the petitioner did not attend the National Lok Adalat, learned counsel appearing for the petitioner submits W.P.(C) 4379/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 that the petitioner had to accompany her children to their school. Therefore, she could not attend the Lok Adalat.

7. Having heard the learned counsel for both the parties, it is clear that on behalf of the petitioner, the settlement has already been entered and in lieu of electricity bill of Rs. 2,26,400/-, settlement for payment of Rs,1,05,000/-, has been entered.

8. This Court further notes that the electricity bills of Rs. 2,26,400/-, as raised by the respondent no.1, has been challenged by the petitioner for the first time in the present petition, before this Court.

9. This Court also notes the submissions made by learned counsel appearing for the respondent no.1, that for challenging the dispute involving the theft of the electricity from the electricity meter, the petitioner would have to agitate such question before the competent Civil Court. He thus, submits that the present writ petition, would not be maintainable. For this purpose, learned counsel appearing for the respondent no.1

10. relies upon the order dated 7th April, 2022, passed in W.P.(C) 5781/2022.

11. Per contra, learned counsel appearing for the petitioner relies upon the order dated 25th June, 2013 passed by Supreme Court in the case of Dr. Meena Chaudhary @Meena P.N. Singh versus BSES Rajdhani Power Ltd. & Ors., W.P.(Crl)103/2013, in order to submit that the electricity of supply, ought to be restored immediately.

12. Considering the submissions before this Court, this Court is of the view that the present petition with respect to the disputed questions of facts, would not be maintainable before this Court, and that the petitioner ought to approach the competent Civil Court of jurisdiction.

13. On pointed query by this Court, as to whether the petitioner is agreeable to pay 50% of the amount, as settled before the National Lok This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 W.P.(C) 4379/2025 Adalat, learned counsel appearing for the petitioner, had sought pass-over for seeking instructions.

14. Upon pass-over, learned counsel appearing for the petitioner submits that the petitioner is agreeable to pay 50% of the aforesaid amount, and seeks some time for the same.

15. Accordingly, it is directed that upon the petitioner depositing the sum of ₹ 52,500/- with the respondent no.1- Tata Power Delhi Distribution Ltd., within a period of two weeks from today, the aforesaid connection for the property in question, i.e., House No. 10, BLK-F, Jain Colony, Naresh Enclave City, Delhi, CA No. 60022169217, shall be restored.

16. It is clarified that the present order has been passed, without prejudice to the rights and contentions of the parties, including, the respondents.

17. It is further clarified that the present order has been passed only by way of an interim protection to the petitioner, so that the electricity connection of the premises in question, are restored without delay.

18. The present protection shall be valid for a period of eight weeks from today, within which the petitioner is directed to file appropriate civil proceedings challenging the bill, as raised by the respondent no.1- Tata Power Delhi Distribution Ltd.

19. It is clarified that in case the petitioner does not file appropriate civil proceedings within a period of eight weeks from today, the respondent no. 1- Tata Power Delhi Distribution Ltd., would be at liberty to take appropriate action, as per law.

20. Upon payment of interim amount as directed by this Court, electricity connection, in the premises in question, shall be restored.

21. It is directed that the petitioner shall pay the requisite charges, as demanded by respondent no. 1, including, the consumption charges This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 W.P.(C) 4379/2025 regularly. In case the petitioner does not pay the consumption charges, the respondent shall be at liberty to take appropriate action.

22. With the aforesaid directions, the present petition, along with the pending application, is disposed of. APRIL 7, 2025 Pallavi/au MINI PUSHKARNA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:57:14 W.P.(C) 4379/2025