M/S Vikrant Tractor And Supplies v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5051 of 2019 ====================================================== M/s Vikrant Tractor and Supplies through its sole proprietor Prashant Kumar Singh, male, 44 years, S/o Kailash Singh, R/o Mohala- Kailash Nagar (gali number-02) old GT Road, Ward No. 34, Sasaram, Rohtas, Bihar-821115 ... ... Petitioner/s

Versus

1.

The Bihar State Electricity Board through Chairman-cum-Managing Director 2.

Department of Energy Govt. of Bihar, through its Principal Secretary,Energy Department, Govt.of Bihar, Patna 3.

The Managing Director South Bihar Power Distribution Company Limited, Patna 4.

The Chief Electrical Engineer Electricity Supply Sub-Division, Sasaram (Town), Rohtas 5.

The Assistant Electrical Engineer Electricity Supply Sub-Division, Sasaram (Town), Rohtas 6.

The Junior Electrical Engineer Electricity Supply Sub-Division, Sasaram (Town), Rohtas ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar, Advocate Mr. Ravi Kumar Singh, Advocate Mrs. Mayuri, Advocate For the Respondent/s :

Mr.Kinkar Kumar (Sc9) Mr. Yogesh Kumar AC to SC 9 For BSEB :

Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-08-2019 After hearing learned counsel for the petitioner and learned counsel representing the respondent power company, this Court finds that the petitioner is raising a dispute over the energy bill as contained in Annexure '11' to the writ application. There is a dispute with regard to the arrears of bills mentioned in Annexure '11' which comes to Rs. 76,623.60/- . Learned counsel for the petitioner has placed reliance upon the

Patna High Court CWJC No.5051 of 2019(2) dt.02-08-2019 2/3 order passed by the Public Grievance Redressal Officer on 02.08.2018 as contained in Annexure '7' to the writ application which has been accepted by the respondent power company and to that extent statements have been made in the counter affidavit.

It is the stand of the respondent power company that the electricity bill issued for Rs. 76,623.60/ includes the arrears of bills and the same cannot be said to be illegal or arbitrary fixation of the charges. It is submitted that in any view of the matter, if the petitioner has any grievance with regard to the billing in question, a remedy under Section 42 (5) of the Electricity Act, 2003 (hereinafter referred to as the 'Act of 2003') is available with the petitioner to file a complaint before the Consumer Grievance Redressal Forum, Patna (in short 'CGRF Patna').

Having heard learned counsel for the petitioner and learned counsel representing the State respondents, this Court is of the considered opinion that the dispute with regard to the bill as contained in Annexure '11' to the writ application may be raised before the CGRF, Patna which is a statutory authority under the Act of 2003 to deal with any complaint relating to electricity bill.

Patna High Court CWJC No.5051 of 2019(2) dt.02-08-2019 3/3 It is open for the petitioner to approach the authority within a period of 30 days from today and if the petitioner approaches the said authority within 30 days from today, his grievance will be considered on its own merit and will be disposed of within a period of 90 days from the date of filing of the grievance.

The writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U