Naresh Kumar v. Punjab State Power Corporation Limited, Patiala And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-18592-2020 Date of Decision : March 04, 2025 NARESH KUMAR -PETITIONER V/S PUNJAB STATE POWER CORPORATION LIMITED, PATIALA AND ORS.

-RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Manjot Singh, Advocate for the petitioner.

Ms. Sehaj Sandhawalia, Advocate for the respondents No.1 and 2.

Mr. Samar Ahluwalia, Advocate for the respondent No.3.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer is made for issuance of directions upon the respondent(s)/distribution licensee to release electricity connection to the petitioner, on account of him being auction purchaser of the land in question, but, without insisting upon payment of electricity dues of the erstwhile company.

2.

The notification dated 26.12.2016, as issued by The Punjab State Electricity Regulation Commission, especially Clause 1.5(f) thereof, which is reproduced hereunder, makes it amply clear that, a person applying for new connection also falls within the domain of "consumer". Hence, the grievance raised by the petitioner in this writ petition is DEVINDER YADAV 2025.03.05 09:28 I attest to the accuracy and authenticity of this order/judgment

CWP-18592-2020 amenable for being addressed by the Forum for Redressal of Grievances of the Consumers (hereinafter referred to as the 'Forum'). "DEFINITIONS 1.5 In these Regulations, unless the context otherwise requires:- (f) "consumer" for the purpose of these Regulations shall be a consumer as defined under sub-section (15) of section 2 of the Act and shall also include a person applying for new connection;"

3.

In view of the above, since the petitioner has straightaway accessed this Court, without initially taking recourse to the statutory remedy, therefore, the petitioner is relegated to the Forum. In case, the petitioner files an application, within 15 days from today, in the requisite format before the Forum, the latter shall make endeavour to decide the same within two months. Moreover, the issue of delay shall not come in the way of the petitioner to approach the Forum within the above stipulated period inasmuch as the petitioner was agitating his claim before this Court since 2020.

4.

Disposed of accordingly.

(KULDEEP TIWARI) March 04, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.03.05 09:28 I attest to the accuracy and authenticity of this order/judgment