Gurgaon: A city court has restrained Dakshin Haryana Bijli Vitran Nigam (DHBVN) from disconnecting or curtailing electricity supply to a residential complex in Sector 110 over disputed historical dues amounting to over Rs 50 lakh. The court relief to 562 families of Indiabulls Enigma came after the residents’ association paid the entire current consumption bill of over Rs 43 lakh.“Abrupt disruption of power supply over disputed past arrears, before the defendants had even been heard, could cause irreparable injury and extreme hardship to hundreds of residents, including senior citizens and patients,” civil judge (junior division) Ayush Garg said on Nov 2. The ad-interim injunction has protected electricity supply to the residential complex, subject to the association regularly depositing all current and future monthly consumption charges.The dispute arose after Enigma Residents Welfare Association received a revised electricity bill on Oct 27, demanding Rs 43.4 lakh towards current-cycle consumption and an additional Rs 50.3 lakh as previous liability pertaining to the period before the residential complex was handed over to the residents. According to the association’s submissions before the court, it paid the entire current-cycle bill of Rs 43,45,024 through banking channels on Oct 27. However, despite clearing the current consumption charges, electricity supply to the complex was briefly disconnected for two to three hours on Oct 31, allegedly without statutory notice.The association approached the court, apprehending repeated disconnections over the disputed previous dues. “Such action could disrupt essential services, including lifts, water pumps, common-area lighting and emergency facilities, affecting 562 families residing in the complex,” argued Seema, counsel for RWA. The association clarified that it was neither disputing the technical computation of the electricity tariff nor seeking exemption from paying actual current and future consumption charges. Its plea was limited to protecting residents from disconnection over the historical dues attributed to the developer until the dispute was adjudicated.Taking note of the submissions, payment receipts and documents placed on record, the court observed that electricity was an essential amenity indispensable to basic human existence and community habitation. The court held that a prima facie case and balance of convenience existed in favour of the residents’ association. It also observed that the purpose of granting an ad-interim injunction would be defeated if the association had to wait for the defendants to be served before obtaining protection. Accordingly, the court restrained DHBVN from disconnecting, interrupting or curtailing electricity supply to Indiabulls Enigma.
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