GURGAON: A civil court in Gurgaon has restrained Dakshin Haryana Bijli Vitran Nigam (DHBVN) from disconnecting electricity supply to residential units at Suncity Avenue over alleged dues arising from a dispute between the power utility and the project’s builder, providing interim relief to around 800 residential families.Civil Judge (Junior Division) Jasmeet Singh passed the order on August 24 after the Residents Welfare Association (RWA) of Suncity Avenue sought ad-interim protection against disconnection of power to the residential units.The RWA, represented by advocate Seema, argued that the alleged electricity dues were essentially a dispute between DHBVN and the builder and related to commercial units under the builder’s control.It contended that neither the RWA nor the residential families represented by it were liable for the dues and that disconnection would adversely affect around 800 families who had no connection with the alleged outstanding amount.DHBVN, represented by advocate BP Sharma, opposed the plea, arguing that the RWA was not its consumer and that no demand had been raised against it.The utility also submitted that its dispute with the builder was already pending and that any grievance against an order in those proceedings should be pursued through the appropriate appellate remedy.Adv Akshay Gupta appeared for the builder.The court, however, noted that no material had been placed before it at this stage to show that the RWA or the residential consumers were liable for the alleged dues.It observed that the dues primarily arose from the dispute between DHBVN and the builder.“Electricity is an essential service,” the court observed, noting that access to electricity has been recognised by the Supreme Court as an important facet of the right to life under Article 21.Disconnecting the supply, it said, would have immediate and serious consequences for a large number of residential families, while the underlying dues dispute could be adjudicated between the concerned parties in accordance with law.The court consequently directed DHBVN, as an interim measure and until the next hearing, not to disconnect electricity to the residential units on account of the alleged dues forming part of the dispute between DHBVN and the builder.The court, however, made it clear that its order should not be construed as determining the liability of any party towards the alleged electricity dues.It also clarified that it had not expressed any opinion on the merits of the RWA’s application seeking interim injunction, which would be considered independently after hearing all concerned parties.The case will next come up on October 8.
