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Judgment
Heard learned counsel for the petitioners and Electricity Company.
Petitioners have approached this Court seeking restoration of
electrical connection in respect of two connections in the same premises
being DRDS 2103 of 9 KW in the name of petitioner no. 1 and DRDS 631 of
1 KW in the name of petitioner no. 2. Petitioner no. 1 has also sought
revision of the bills from December, 2014 on the basis of average
consumption of previous three months as per the provisions of Electrical
Supply Code Regulation, 2015.
Counsel for the Respondent-Company submits that outstanding
bills have been raised regularly since December, 2014. Petitioners have
not raised their disputes on the bills in question before appropriate forum
being Vidyut Upbhokta Shikayat Nivaran Forum any time before
disconnection of electricity on 27th January, 2017 in respect of petitioner
no. 1 and 19th October, 2016 in respect of petitioner no. 2. He submits that
the issue in question is a billing dispute as made out by the petitioners, for
which petitioners should have invoked the statutory forum created under
the Electricity Supply Act, 2003.
Counsel for the petitioners submits that petitioners'' children are
facing serious difficulty in preparing exams to be held for the current
academic session. He submits that the electricity connection may be
directed to be restored upon deposit of 50% of electricity dues in question
giving liberty to petitioners to raise their grievances in the meantime
before the Vidyut Upbhokta Shikayat Nivaran Forum.
Having considered the submission of the parties and the relevant
material facts pleaded, the issue involved in the present writ application
prima facie appears to be a dispute relating to electricity bills raised upon
the petitioner by the Electricity Company. There is a grievance redressal
forum created specifically for dealing with such dispute by aggrieved
consumers. Therefore, petitioners are required to raise issues relating to
billing dispute before competent forum having jurisdiction.
In the meantime, if the petitioner no. 1 deposits 50% of outstanding
dues of Rs. 1,42,089/- and petitioner no. 2 deposits outstanding dues of
Rs. 38,316/- by Monday i.e, 13.02.2017 the respondents would restore the
electricity connection of the petitioners. This, however, would be subject
to adjudication on the issue by the appropriate forum where petitioners
are relegated to raise their grievances. However, upon restoration of
electricity connection petitioners should continue to pay the current bills
subject to outcome of the issue and any adjustment to be undertaken
after adjudication by the competent forum. Petitioners should approach
the competent forum in respect of issues relating to billing dispute within
a period of 2 weeks from today.
Accordingly, the writ petition stands disposed of. Let it be made
clear that the Court has not gone into the merits of the case.