Deepan Chakrawarti v. Chhattisgarh State Power Distribution Company Limited And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 507 of 2015 • Deepan Chakrawarti S/o Late Shri Dr. J.C. Chakrawarti Aged About 65 years R/o Jail Road Bapupara, Ambikapur, Distt. Sarguja, (C.G.) ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Company Limited ( A Government Of Chhattisgarh Undertaking), Through Its Managing Director, Danganiya, Raipur (C.G.)

2. The Chief Engineer Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (C.G.)

3. The Superintending Engineer, Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (C.G.)

4. The Executive Engineer, Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (C.G.) Limited, Ambikapur, Distt. Sarguja, (C.G.) And WPC No. 508 Of 2015 • Deepan Chakrawarti S/o Late Shri Dr. J.C. Chakrawarti Aged About 65 years R/o Jail Road Bapupara, Ambikapur, Distt. Sarguja, (C.G.) ---- Petitioner Vs

1. Chhattisgarh State Power Distribution Company Ltd. ( A Government Of Chhattisgarh Undertaking), Through Its Managing Director, Danganiya, Raipur (Chhattisgarh )

2. The Chief Engineer Chhattisgarh State Power Distribution Company

3. The Superintending Engineer, Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (Chhattisgarh )

4. The Executive Engineer, Chhattisgarh State Power Distribution Company

And WPC No. 509 Of 2015 • Deepan Chakrawarti S/o Late Shri Dr. J.C. Chakrawarti Aged About 65 years R/o Jail Road Bapupara, Ambikapur, Distt. Sarguja, (C.G.) ---- Petitioner Vs

1. Chhattisgarh State Power Distribution Company Limited ( A Government Of Chhattisgarh Undertaking), Through Its Managing Director, Danganiya, Raipur (Chhattisgarh )

2. The Chief Engineer Chhattisgarh State Power Distribution Company

3. The Superintending Engineer, Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (Chhattisgarh )

4. The Executive Engineer, Chhattisgarh State Power Distribution Company And WPC No. 511 Of 2015 • Deepan Chakrawarti S/o Late Shri Dr. J.C. Chakrawarti Aged About 65 years R/o Jail Road Bapupara, Ambikapur, Distt. Sarguja, (C.G.) ---- Petitioner Vs

1. Chhattisgarh State Power Distribution Company Limited (A Government Of Chhattisgarh Undertaking), Through Its Managing Director, Danganiya, Raipur (Chhattisgarh )

2. The Chief Engineer Chhattisgarh State Power Distribution Company

3. The Superintending Engineer, Chhattisgarh State Power Distribution Company Limited, Ambikapur, Distt. Sarguja, (Chhattisgarh )

4. The Executive Engineer, Chhattisgarh State Power Distribution Company

For Petitioner :

Ms. Somshukla Sarkar, Advocate For Respondents :

Shri Sunil Otwani, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 25/03/2015 1.

These petitions have been preferred seeking a direction to the respondents to disconnect supply of electricity to the premises in the name of petitioner's late mother Smt. Nirupama Chakravarti.

2.

At the outset Shri Otwani, learned counsel appearing for respondents would submit that in exercise of powers under Section 42(5) of the Electricity Act, 2003 the respondents are enjoined to constitute a Regulatory Forum for redressal of grievances of the consumers and in exercise of such power the respondents have constituted a Forum namely Chhattisgarh State Electricity Regulatory Commission (Redressal of Grievances of Consumers) Regulations, 2007 (for short, 'Regulations, 2007'). He would further submit that Section 4(1)(f)(vi) of the Act defines the word 'Grievance' or 'Complaint' to mean disconnection and reconnection of power supply. Thus, he would submit that the petitioner has a statutory remedy for redressal of his grievance and the writ petition is not maintainable.

3.

In view of availability of statutory alternative remedy, the petitioner is required to approach the Forum created under the Regulations, 2007 (supra). Accordingly, all the writ petitions are disposed of with a direction that in the event petitioner prefers duly constituted application raising his grievance before the Forum as indicated above, within a period of one month from today, the said Forum shall consider and decide the petitioner's application at the earliest and preferably within a period of three months from the date of submission. J U D G E Kamde