Gurugram court halts DHBVN from cutting power to society over ₹96.84L dues

The court said electricity is an essential service and noted that the dispute over alleged dues between DHBVN and the realty firm could be adjudicated

A city court has restrained Dakshin Haryana Bijli Vitran Nigam Limited (DHBVN) from disconnecting electricity supply to Suncity Avenue society in Sector 102, which houses at least 800 families, over a disputed demand of ₹96.84 lakh energy bill retrospectively from 2019 citing excessive commercial-category consumption.

Gurugram court halts DHBVN from cutting power to society over ₹96.84L dues

Civil judge Jasmeet Singh granted interim relief during the first hearing on Monday on an application filed by the society’s Residents Welfare Association (RWA), observing that electricity is an essential service and that the Supreme Court has recognised access to electricity as an important facet of the right to life under Article 21 of the Constitution. “Disconnection of electricity at this stage would have immediate and serious consequences for a large number of residential families, whereas the dispute regarding the alleged dues can be adjudicated between the concerned parties in accordance with law,” the court observed.

The court noted that the alleged dues were the subject of a dispute between DHBVN and the realty firm and fixed October 8 for the next hearing.

Advocate Seema Nain, representing the RWA, submitted that residents had no liability for the dues and disconnection would affect around 800 families.

BP Sharma, DHBVN counsel, argued that the RWA was not the consumer and that the demand had been raised against the realty firm. The realty firm was represented by counsel Akshay Gupta, who was directed to file a reply along with the discom at the next hearing.

Suncity Avenue is among societies receiving power through single-point connections. DHBVN audited such societies last year and imposed bills running into crores, calculating that more than 15% of sanctioned load was being used commercially for general stores, shops, any eatery clinics or any such outlet running from the premises of the society. The commercial tariff is ₹7.10 per unit, compared with ₹5.80 per unit under bulk domestic supply.

The society received bills of ₹15 lakh and ₹20 lakh in March and April. Its May bill was ₹1.17 crore, including ₹96.84 lakh demanded for commercial consumption since 2019 following the audit, according to RWA documents submitted in court.

PN Mishra, Suncity Avenue RWA general secretary, said residents could not afford the amount. “The realty firm managed everything till October 2024. We had no idea that such an issue was going to crop up. We met a discom official who said that they can give relief by dividing the amount in four bills and later moved court to get relief,” he said.