Prabhu Prasad Sah v. The Managing Director, South Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12353 of 2016 =========================================================== Prabhu Prasad Sah, S/o Late Sukhdeo Sah, R/o Village Gangati Road, Aliganj, P.S.- Mojahidpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The Managing Director, South Bihar Power Distribution Company Ltd.

2. Bhagalpur Electricity Distribution Company Ltd., Bhagalpur Circle, Bhagalpur.

3. The Executive Engineer, Electric Supply Division (Town), Tilkamanjhi, Bhagalpur

4. The Assistant Electric Engineer, Electric Supply Division, Mojahidpur, Bhagalpur .

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mr. Sharda Nand Mishra, Adv. Mr. Dhananjay Kumar Gupta, Adv.

For the Respondent s : Mr. Vinay Kirti Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-03-2017 Heard learned counsel for the petitioner and learned counsel for the South Bihar Power Distribution Company. 2.

In this case, the petitioner is challenging the bill dated 17.01.2015, whereby and whereunder the South Bihar Power Distribution Company has raised the bill of Rs.1,31,969.37/-. It has been claimed that there is an error in raising the bill. 3.

A counter affidavit has been filed by the South Bihar

Patna High Court CWJC No.12353 of 2016 dt.30-03-2017 2/3 Power Distribution Company, wherein it has been stated that the petitioner in stead of approaching the alternative Forum he has directly approached this Court.

4.

In exercise of Power conferred upon under Section 42 sub-section 5 of the Indian Electricity Act, regulation has been framed, whereby and whereunder for redressal of grievance of consumer, a Forum has been created, if the bill is suffering from any defect(s), the person aggrieved can approach the said Forum and the Forum will have a jurisdiction to examine the matter and take decision in accordance with law. There is a Forum of Appeal also, if the Forum passes the order against the consumer, he can approach the appellate authority, which has been authorized to look into the matter.

5.

In such view of the matter, the petitioner, if so advised, may approach the Forum for redressal of his grievance. 6.

At this stage, learned counsel for the petitioner submits that the petitioner has filed an application for disconnection of power. If that be so, the Executive Engineer, Electric Supply Division (Town), Tilkamanjhi, Bhagalpur, will consider the same and take decision in accordance with law.

Patna High Court CWJC No.12353 of 2016 dt.30-03-2017 3/3 7.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 31.03.2017 Transmission Date N/A.