Rupesh Kumar Baidya v. The Chairman Bihar State Electricity Board, Patna And ORS.

Patna High Court CWJC No.5199 of 2013 (3) dt.11-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5199 of 2013 ====================================================== Rupesh Kumar Baidya son of Late Sohan Lal Baidya, resident of Patal Babu Road, P.S. Kotwali, District Bhagalpur .... .... Petitioner

Versus

1. The Chairman Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna

2. The Electrical Superintending Engineer, Electric Supply Circle, Bhagalpur

3. The Electrical Executive Engineer, Urban Electric Supply Division, Bhagalpur

4. Assistant Electrical Engineer, Electric Supply, Tilkamanjhi, Bhagalpur .... .... Respondentps ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Anand Kumar Ojha, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-08-2015 The petitioner seeks a direction to the respondents for issuance of fresh bill in light of the order, dated 17.9.2012 passed by the Consumer Grievance Redressal Forum in Case No.23 of 2012.

The petitioner is a proprietor of M/s Oswal Agrofood and holds LTIS connection bearing connection no.BGP/LTIS/786 for a sanctioned load of 92 HP. The petitioner moved the Consumer Grievance Redressal Forum against raising of a demand of Rs.11,35,744/- vide bill no.2310, dated 7.5.2012. The Consumer Grievance Redressal Forum, after hearing the parties, observed that the respondents are not entitled to issue energy bill on HT tariff without giving supply on HT system to the consumer and

Patna High Court CWJC No.5199 of 2013 (3) dt.11-08-2015 as such the bill of January, 2012 for Rs.12,28,122/- on HT tariff with retrospective effect from October 2010 on 92 HP or 110 KVA as well as installment agreement dated 25.4.2012 for Rs.13,94,342 are quashed.

Being aggrieved, the South Bihar Power Distribution Company Limited moved this Court in C.W.J.C. No.9351 of 2013. The learned Single Judge, by order dated 25.6.2014, not finding any infirmity in the order of the Consumer Grievance Redressal Forum, dismissed the writ petition. The grievance of the petitioner is that the bill which was wrongly raised has been quashed by the Consumer Grievance Redresssal Forum as well as affirmed by the learned Single Judge of this Court.

In the circumstances, this writ application is disposed of with a direction to the respondents to issue a fresh bill to the petitioner in the light of the aforesaid order expeditiously not later than one month.

(Samarendra Pratap Singh, J) KHAN/- U