M/S. Himalaya Agro Chemicals Private Limited v. The North Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8455 of 2024 ====================================================== M/s. Himalaya Agro Chemicals Private Limited Unit-II, N.H.- 31, Bypass Road, P.S. Sadar, District Purnia, through its Director, Kumar Krishna Prakash, aged about 61 (Male), son of Shri Onkar Mal Agrawal, resident of Unit-II, N.H.-31, Bypass Road, P.S. Sadar, District Purnia. ... ... Petitioner/s

Versus

1.

The North Bihar Power Distribution Company Limited Vidyut Bhawan, Bailey Road, Patna, through its Managing Director. 2.

The General Manager (Revenue), North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

3.

The Chief Engineer (Commercial), North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 4.

The Electrical Superintending Engineer, H.T. Cell, North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 5.

The Assistant Electrical Engineer, Electric Supply Sub- division, Purnia Rural, Purnia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Samdarshi, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

For the NBPDCL :

Mr. Kunal Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-11-2024 Heard the parties

2. After hearing the counsels at length, this Court is of the opinion that there are disputed questions with regard to the calculations of the bills levied which cannot be gone into by this Court and further that the petitioner is having an alternative and effective remedy of approaching the Consumer Grievance Redressal Forum under Section 42 (5) of the Electricity Act, 2003. Therefore, this Court is not inclined to

Patna High Court CWJC No.8455 of 2024(6) dt.21-11-2024 2/2 entertain the present writ petition.

3. Liberty is granted to the petitioner to approach the C.G.R.F. within a period of four weeks from today. The petitioner is entitled to raise any grounds that he is desirous of and the same shall be dealt with by the C.G.R.F. strictly in accordance with law.

4. The C.G.R.F. shall endeavour to dispose of or decide the case as expeditiously as possible preferably within a period of six weeks from the date of filing of the representation/ grievance of the petitioner.

5. It is needless to mention that before passing any order, the C.G.R.F. shall provide an opportunity of hearing to the petitioner. Any order passed shall be communicated to the party.

6. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U