GOEL S.PAL vs DELHI ELECTRICITY SUPPLY UNDERTAKING

M/s. Broadway Packaging was the original owner of Shed No. A-76, Okhla Industrial Area, Phase-II where the electric connection was installed. Appellant purchased the share of the said company and became the owner of the Shed in 1992. The erstwhile owner deposited a sum of Rs. 17,500 towards development charges with the respondent for electricity connection but these were not paid back to the appellant. As a result, the appellant filed a complaint before District Forum which was dismissed with cost of Rs. 5,000.

FEELING aggrieved the appellant has directed this appellant. The complaint of the appellant was dismissed mainly on the ground that it is only the person who had paid the amount to the respondent can seek its refund. Since the appellant failed to show any document conferring any right upon him to receive the charges deposited with by the respondent he was not entitled for any refund. Further that vide respondent''s letter dated 15.2.1991 the development charges at Rs. 350 per H.P. are payable by commercial establishments who apply for ad hoc registration certificate and since in the instant case no claim is made that M/s. Broadway Packaging had applied for ad hoc registration nor were any papers filed nor was any rule cited to show that the amount of security was not in accordance with rules nor was it shown that the service charges were excessive, complaint was rightly dismissed.

In view of the undisputed fact that on amount of Rs. 17,500 was received by the respondent towards development charges from M/s. Broadway Packaging and the interests of Broadway Packaging were transferred to the appellant by way of purchase of its shares and since connection was not provided to the respondent, it could not have retained this amount as the complainant became the beneficiary of the service availed by M/s. Broadway Packaging and, therefore, was a consumer qua the respondent. It is pertinent to mention here at this stage that the appellant had also informed the respondent vide letter dated 14.8.1982 to complete the commercial formalities but there was no response from them.

IN the result we allow the appeal, set aside the impugned order and direct the respondent to refund Rs. 17,500 with cost of Rs. 2,500 against indemnity bond. The appeal is disposed of in above terms. Bank Guarantee/FDR, if any, furnished 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 allowed.