Bishnuballav Cold Storage P. Ltd v. Wbsedcl And ORS.

A-15 Ct No.09 04.09.2023 TN WPA No. 19159 of 2023 Bishnuballav Cold Storage Private Limited Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Ratul Das, Mr. Shuvanil Chakraborty .... for the petitioner Mr. Debanjan Mukherji .... for the WBSEDCL

1. The present dispute pertains to a billing dispute between the petitioner/consumer and the West Bengal State Electricity Distribution Company Limited (WBSEDCL). Although the petitioner had approached the consumer forum, it is argued that the consumer forum, without entering into the issues of the particular allegations, merely granted instalments to the petitioner.

2. Learned counsel for the WBSEDCL points out that the petitioner has not challenged the order of the consumer forum but has raised a billing dispute, which is to be adjudicated by the concerned Grievance Redressal Officer (GRO).

3. There is substance in the contention of the WBSEDCL.

4. In any event, the consumer forum is not the appropriate authority to decide billing disputes, for which a specific forum has been designated by the Regulations framed by the West Bengal Electricity Regulatory Commission (WBERC) under the Electricity Act, 2003.

5. Accordingly, WPA No. 19159 of 2023 is disposed of by granting liberty to the petitioner to approach the concerned GRO within a week from date with the billing dispute as raised in the present writ petition. If so approached, the said GRO shall decide the issues without being influenced in any manner by any of the observations made herein and/or those of the Consumer Disputes Redressal Forum and decide the same preferably within eight weeks from the date of such approach being made by the petitioner.

6. There will be no order as to costs.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)