Sourya Vivek Kunal v. The South Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9445 of 2023 ====================================================== Sourya Vivek Kunal Son of Late Mahesh Prasad, Resident of VillageParwalpur, P.S.- Ekangarsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The South Bihar Power Distribution Company Ltd. through its Managing Director, Patna.

2.

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

3.

The Executive Engineer, Electricity Supply Sub Division, Ekangarsarai, District- Nalanda.

4.

The Assistant Electrical Engineer, Electricity Supply Sub Division, Ekangarsarai, District- Nalanda.

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the SBPDCL :

Mr. Kumar Priya Ranjan, Addl. SC Mr. Sandeep Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-07-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- " ..................... for quashing the Letter No.-256 dated 15.05.2023 issued by the Assistant Electrical Engineer, Electricity Supply Sub Division, Ekangarsarai, Nalanda whereunder it has been mentioned that the petitioner has to pay the amount of Rs. 2,12,688.23/- (Rupees Two Lakhs Twelve Thousand Six Hundred EightyEight and Twenty- Three paise) within a period of 15 days as due to carbonisation the voltage value is less than the actual one since 09.08.2022. The same letter may be quashed on the ground that the

Patna High Court CWJC No.9445 of 2023(7) dt.11-07-2024 2/2 petitioner is paying the electricity bill regularly on time and during the time of inspection of the meter also, neither defect nor tempering with the same was found, which makes it clear that the petitioner has not committed any wrong."

3. Since, an alternative remedy is available to the petitioner to approach the Consumer Grievances Redressal Forum, formed under Section 42(5) of the Electricity Act, which is functioning in the State of Bihar, the petitioner is granted liberty to approach the said forum for redressal of his grievance. If such an application is moved, the concerned forum shall decide the same expeditiously within a period of thirty days of its filing.

4. Till such time, the final order is passed by the Consumer Grievances Redressal Forum, the authorities are directed not to take any coercive steps against the petitioner with regard to the amount disputed in the present writ petition.

5. With the above said liberty, the writ petition stands disposed of.

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