Tag: Consumer Rights

Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix
Supreme Court

Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix

The Supreme Court ruled that Regulatory Assets, while a valid regulatory tool, must be created only in exceptional circumstances and liquidated in a time-bound manner. It upheld the legal framework under the Electricity Act, 2003, and directed strict adherence to the newly inserted Rule 23 of the Electricity Rules, which mandates a maximum 3% gap in revenue and a 7-year liquidation period for existing assets. The judgment emphasizes the duty of Regulatory Commissions to ensure cost-reflective tariffs and affirms APTEL's power under Section 121 to issue directions against regulatory failure. Facts Of The Case: The case originated from petitions and appeals filed by three private power distribution companies (Discoms) in Delhi—BSES Rajdhani, BSES Yamuna, and Tata Power Delhi—agains...
Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement
Supreme Court

Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement

The Supreme Court held that heavy rainfall causing sudden basement flooding constitutes a covered "flood/inundation" peril under standard insurance policies, rejecting the insurer’s "seepage" exclusion. It ruled that insurers cannot arbitrarily disregard initial survey reports confirming flood damage in favor of belated contradictory assessments. The Court remanded the matter to NCDRC solely for compensation quantification under the policy terms, emphasizing objective claim evaluation aligned with contractual obligations. Facts Of The Case: The appellant, Gopal Dikshit, owned a property at 50, Ishwar Nagar, Mathura Road, New Delhi, insured under a ₹1.5 crore House Holder Policy (No. 2219042615P115431073) by United India Insurance for the period March 13, 2016, to March 12, 20...