Rajesh Sharma & ORS. v. Bses Yamuna Power Limited & ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5838/2020 RAJESH SHARMA & ORS.

.....Petitioners Through:

Mr Rajesh Kumar Sharma, Advocate.

versus BSES YAMUNA POWER LIMITED & ANR.

..... Respondents Through:

Mr Buddy Ranganathan, Advocate for R-1/BSES.

Mr Sumit Jidani, Advocate for R2/GNCTD.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 31.08.2020 The hearing was conducted through video conferencing. CM APPL. 21109/2020 (Exemption)

1. Allowed subject to all just exceptions. The application stands disposed-off.

W.P.(C) 5838/2020 & CM APPL. 21108/2020 (stay)

2. Issue notice.

3. Notice is accepted by the learned counsels for the respondents namedabove.

4. At the request of the learned counsels for the parties, the petition is taken up for disposal.

5. At the outset, the learned counsel for the respondents state that there since there is an alternate remedy in the form of, redressal of dispute/grievances mechanism, provided under Section 42(5)(6) of the Electricity Act, 2003, this writ would not be maintainable.

6. In the circumstances, the petition is disposed-off with liberty granted

to the petitioners

7. It is submitted by the learned counsel for BYPL that it has replied to the petitioner's communication to the statutory Consumer Grievance and Redressal Forum ('CGRF'), albeit the complaint is not in the requisite format.

8. Since, the petitioners have yet to file a complaint before the CGRF in a proper format, let the same be done within a week from today. The respondent - BYPL/R-1 undertakes not to disconnect the electricity of the petitioners, for the said period of one week.

9. The petition, along with pending application, stands disposed-off in terms of the above.

10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J AUGUST 31, 2020/rd