Kanti Devi v. South Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7690 of 2016 ====================================================== Kanti Devi wife of Late Sadhu Mistri R/O Mohalla New Etbarpur, Parsa Bazar, P.S. Parsa, District- Patna.

... ... Petitioner/s

Versus

1. South Bihar Power Distribution Company Ltd. through its Managing Director, Vidyut Bhawan, Patna.

2. Managing Director, South Bihar Power Distribution Compnay Ltd. Vidyut Bhawan, Patna.

3. Executive Engineer, South Bihar Power Distribution Company Ltd, Ram Krishna Nagar, Patna.

4. Assistant Engineer(Electric) cum Computing Officer, Electric Distribution Awar Parmandal, Ram Krishna Nagar, Patna.

5. Junior Engineer, Electric Distribution Awar Parmandal, Ram Krishna Nagar, Patna.

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

For the Petitioner/s :

Mr. Lalan Kumar, Adv.

Mr. Brij Bihari Tiwary, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

Mr. Vijoy Kumar Verma, Adv.

Mr. Akhileshwar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2018 The present writ petition involves two grievances of the petitioner, one pertaining to exorbitant billing and other pertaining to the outstanding amount of bill arising out of lodging of the FIR, on account of theft of electricity. As far as the grievances regarding exorbitant billing is concerned, the same has to be agitated by the petitioner by filing application before the Consumer Grievances Redressal Forum. The grievance regarding filing of the F.I.R. is a separate cause of action regarding which the learned counsel for

Patna High Court CWJC No.7690 of 2016(2) dt.03-12-2018 2/2 the petitioner has submitted that the penal amount has already been deposited while seeking anticipatory bail. Having regard to the facts and circumstances of the case, this Court finds that as far as the penal amount emanating from FIR is concerned, the same is subject matter of proceeding emanating from Section 135 of the Electricity Act, 2003. However, regarding the grievances of the petitioner pertaining to exorbitant billing, the petitioner is granted liberty to approach the concerned Consumer Grievances Redressal Forum for redressal of her grievances.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) tiwary/- U