B.S.E.S. YAMUNA POWER LTD. vs MOHAN LAL GAUR

THIS appeal is directed against order dated 21.6.2004 whereby the appellant was directed to withdraw the misuse charges from the date of its levy, crediting all the payments made by the respondent, remove LPSC proportionately and also compensation of Rs. 1,000/- besides cost of Rs. 500/-.

ADMITTEDLY no notice was served upon the respondent before levying misuse charges and further that in spite of the respondent having made request to correct the bill the appellant did pay any heed and, therefore, the respondent was forced to deposit a sum of Rs. 20,000/- on account of illegal bill raised by the appellant. The contention of the Counsel for the appellant that the respondent had made payments of electricity without any protest on various occasions and did not challenge the misuse charges levied on his electricity bills in 1991 and is, therefore, estopped from challenging the bills is difficult to accept as misuse charges were deposited in order to avoid disconnection of the electricity connection. Once the electricity is disconnected its restoration is cumbersome process and the consumer is put to great inconvenience. Doctrine of estoppel does not operate against rightful claim and illegal demands. We do not find any merit in the appeal and dismiss the same in limine.

The FDR filed by the appellant be returned forthwith.

A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal dismissed.