Misha Katyayan v. Bses Rajdhani Power Limited

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15344/2024 MISHA KATYAYAN .....Petitioner Through:

Ms.Amrita Chaudhary, Advocate.

versus BSES RAJDHANI POWER LIMITED .....Respondent Through:

Mr. Sharique Hussain, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.10.2024 1.

The petitioner has filed this petition, under Article 226 of the Constitution, against an order of the Consumer Grievance Redressal Forum ["the CGRF"] constituted under Section 42(5) of the Electricity Act, 2003 ["the Act"] dated 25.10.2024, by which her application for interim release of the electricity connection has been declined. She further seeks an interim order from this Court granting an electricity connection.

2.

The petitioner first applied for an electricity connection in her premises at property No. C-94, Ground Floor, C Block, Vikas Puri, 110018 on 27.08.2024. She approached the CGRF on 09.09.2024. The CGRF has heard the parties, and reserved its orders on 15.10.2024. Pursuant to the CGRF's directions, written submissions have also been filed by the petitioner on 24.10.2024 and by the respondent on 26.10.2024. In the meanwhile on 24.10.2024, the petitioner also filed an W.P.(C) 15344/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:14

application for urgent interim relief, in the form of a direction upon the respondent to release the electricity connection pending disposal of the proceedings before the CGRF.

3.

By the impugned order dated 25.10.2024, the CGRF has noted that the matter has been reserved for orders, and the application for interim release of a connection cannot be considered at this stage. 4.

At this stage, the petitioner's contention that all required compliances have been fulfilled, is being adjudicated by the CGRF. In view of the fact that the CGRF is in seisin of the petitioner's application, I am of the view that it is not appropriate to direct release of the electricity connection as an interim measure. This is the final relief, which is pending adjudication before the CGRF. Written submissions have been filed by the petitioner before the CGRF only on 24.10.2024. The petition is, therefore, disposed of with the direction that the petitioner may approach the CGRF for an expeditious decision, if no decision is rendered within four weeks from today.

5.

It may also be noted that the petitioner has a remedy against the order of the CGRF before the Ombudsman in terms of Section 42(6) of the Act. She is at liberty to avail that remedy, if she is so advised. 6.

The petition is disposed of in the aforesaid terms. PRATEEK JALAN, J OCTOBER 29, 2024 SS/ W.P.(C) 15344/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:14