Kamlesh Pandey v. The South Bihar Power Distribution Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9156 of 2015 =========================================================== Kamlesh Pandey son of Late Hridyanand Pandey resident of village- Baradhi Gola, Madhurampur, P.S.- Akodhi Gola, District- Rohtas at Sasaram . .... .... Petitioner/s

Versus

1. The South Bihar Power Distribution Company Limited, Vidyut Bhawan , Bailey Road, Patna.

2. The Executive Engineer, Electric , Dehri Division, Rohtas.

3. The Assistant Electrical Engineer, Electricity Department, Division- Dehri-onSone, District - Rohtas at Sasaram.

4. The Sub - Divisional Electrical Engineer Division- Dehri-on-Sone, DistrictRohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Dubey, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-05-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is raising a grievance that he has been served with an exorbitant bill which is completely illegal as the petitioner was earlier running a mill for milling wheat, mustard seed and spices, installed 10 HP connection, whereafter, he has filed an application for enhancing the load from 10 HP to 20 HP and, after permission, he was allowed to use 20 HP connection. Learned counsel for the petitioner submits that the grievance of the petitioner is that the bill which has been served is of Rs. 85,591/- which is in higher side.

In exercise of power under Section 181 r/w sub-section 5, 6 & 7 of Section 42 of the Electricity Act, 2003, the Bihar Electricity

Patna High Court CWJC No.9156 of 2015 dt.04-05-2017 Regulatory Commission has framed Regulation and created a Forum for resolution of such dispute is called Consumer Grievance Redressal Forum which has been authorized to look into such dispute and resolve the dispute with respect to error in the bill account. In that view of the matter, this Court is not inclined to interfere in the matter, the petitioner must approach the Consumer Grievance Redressal Forum which is the competent authority to examine the matter and, if the order of the Consumer Grievance Redressal Forum goes against the petitioner, he will be at liberty to file an appeal before the Electricity Ombudsman which has been created as an appellate authority.

If the petitioner wants any reconnection of electricity, he must deposit 50% of the bill amount, only thereafter, the Executive Engineer of the area concerned will be obliged to give electric connection within a period of forty-eight hours from the time of deposit of the 50% of the bill amount.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2017 Transmission Date NA