New Delhi, 15 September 2008

Press Release

Tis Hazari Court fines Cloth Merchant  Rs 5,000  for filing a frivolous case against BSES;

Industrialist, inspite of paying Rs 1 Lakh penalty, sent to Tihar for stealing power

 

Gauri Shankar, a cloth merchant and owner of M/s Gauri Shankar and Sons Co, in Delhi’s bustling Cloth Market of Fatehpuri is not likely to forget the day in a hurry, when the Court of the Hon’ble Senior Civil Judge, Tis Hazari, not only dismissed his ‘frivolous’ suit against BSES Yamuna Power Limited (BYPL) but also imposed a penalty of Rs 5,000 for suppressing material facts.

 

Gauri Shankar – the Plaintiff – had filed a suit against BYPL and his landlord, seeking a permanent injunction from the Court, restraining them from disconnecting the electricity to his rented premises. During examination of the Plaintiff, it was revealed that his electricity was infact disconnected many days before filing the suit.

 

The Tis Hazari Court took a very serious note of the misrepresentation of facts – since the electricity was already disconnected at the premise, the Plaintiff deliberately misled the court and asked for a restraining order directing the discom and the landlord not to disconnect the electricity, the Court not only dismissed his suit – but also imposed a penalty of Rs 5,000 – to be shared equally between BYPL and the land lord.

 

“This case appears to be a dispute between a landlord and his tenant. BSES was unnecessarily dragged into the case. Moreover, the Plaintiff tried to doctor the facts to his advantage. This case should serve as a lesson to those trying to twist the facts to serve their vested interests”, said a BSES official.

 

Inspite of making Rs 1 lakh ‘penalty’ payment, industrialist sent to Tihar for stealing power

 

Mohd Aslam – an industrialist, having his ‘Wire Cutting and Spot Welding’ unit in East Delhi’s Prem Nagar area was remanded to judicial custody for stealing electricity. Earlier in May, after hearing the arguments of both the accused and BYPL, the Special Court of Electricity, Patparganj had dismissed the accused’ anticipatory bail plea.

 

In February 2008. BYPL’ Enforcement team had caught Aslam stealing 48 KW of electricity for running his Wire Cutting and Spot Welding unit. Moreover, his Sanctioned load was a mere 1 KW. Two meters were found disconnected and bypassed. According to the provisions of the Indian Electricity Act, 2003, a penalty of Rs 18.69 lakh was imposed on him, of which the accused paid Rs 1 lakh. Since Aslam did not pay the balance amount, BSES moved the Special Court.

 

Notwithstanding the plea of the accused that he had already paid Rs 1 lakh as part payment towards the penalty amount, the Special Court once again rejected his bail plea and remanded him to 14 days judicial custody.

BSES, Delhi’s premier power distribution company, is committed to ensuring quality and reliable electricity supply to all its consumers.

For further information please contact:

Prashant Dua

Chandra P Kamat

Corporate Communications

Corporate Communications

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