IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
M/s. Shree Shyam Steel, Ramgarh through its partner Shri Deepak Raj Mangalam - Petitioner
Versus
Damodar Valley Corporation, Kolkata through its Chairman-cum-Managing Director and Ors. - Opposite Parties
Civil Review No. 64 of 2021
Decided On : 16-06-2023
Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers, Electricity Ombudsman and Consumer Advocacy) (First amendment), Regulations, 2022 - Electricity Act, 2003 - Section 42(5) - Premises - Grant - Fresh electrical connection - Filed for reviewing the order – Held, Court do not find any mistake or error apparent on record so as to entertain present review petition – Petitioner has failed to press any new and important fact or evidence which, even after exercise of due diligence, was not within its knowledge or could not be produced by it at time order dated was passed - Review petition is dismissed.
ORDER :
1. The present civil review has been filed for reviewing the order dated 13.04.2021 passed by this Court in W.P.(C) 2162 of 2019, whereby the said writ petition was disposed of directing the petitioner to approach the Consumer Grievance Redressal Forum constituted by the respondent-DVC under Section 42(5) of the Electricity Act, 2003 (hereinafter referred to as “the Act, 2003”) on the objection raised by the respondents that alternative remedy was available to it to approach the said Forum for adjudication of the issue raised by the petitioner in the aforesaid writ petition.
2. Learned counsel for the review petitioner submits that the review petitioner filed W.P.(C) No. 2162 of 2019 for issuance of direction upon the respondents to grant fresh electrical connection to the petitioner at its premises which the petitioner had acquired on auction through Bank of Baroda vide sale certificate dated 12.06.2018. Further prayer was made for quashing the letter dated 31.08.2018 issued by the Chief Engineer-I (Commercial), Damodar Valley Corporation (DVC), Commercial Department, Kolkata, whereby a demand of Rs.4,88,54,766/- was made from the petitioner towards the outstanding bill dues in respect of the acquired premises.
3. It is further submitted that an interlocutory application being I.A. No. 3538 of 2020 was filed on behalf of the petitioner in the said writ petition seeking direction upon the respondent-DVC to grant fresh electrical connection to the petitioner on the condition that it would deposit the alleged outstanding dues of the erstwhile consumer namely, M/s. Uday Vijay Steel Pvt. Ltd. under protest in monthly installments of Rs.10,00,000/- which should be refunded/adjusted by the respondent-DVC against the energy consumption bills of the petitioner upon the final decision of the dispute with regard to its liability to pay the said dues.
4. It is also submitted that the said writ petition was disposed of by this Court vide order dated 13.04.2021 with following directions:
(ii) The petitioner shall pay the first installment of Rs.25,00,000/- against the dues of the erstwhile consumer/occupant of the premises in question i.e. Rs.4,88,54,766/- (as has been stated by the respondent-DVC in paragraph 17 of reply affidavit to I.A. No. 3538 of 2020) by 23rd April, 2021. On depositing the said installment of Rs.25,00,000/-, the respondent-DVC shall provide fresh electric connection to the petitioner which shall be commenced from 7th May, 2021, subject to the compliance of other requirements/formalities by the petitioner.
(iii) The petitioner shall continue to deposit the rest monthly installments as well as the energy consumption bills raised against it by the respondent DVC.
(iv) After commencement of fresh electrical connection, the respondent-DVC shall raise the energy consumption bills separately from the dues of the erstwhile consumer/occupant of the premises in question which would be paid by the petitioner in terms with the order of this Court.
(v) The payment of the dues of the erstwhile consumer/occupant of the premises in question by the petitioner in terms with the present order shall be subject to the final outcome of the complaint as would be filed by the petitioner before the Dispute Redressal Forum of the respondent- DVC.
(vi) If the petitioner makes default in making the payment of monthly installments in terms with the direction of this Court, the respondent-DVC will be at liberty to take appropriate measures against the petitioner in accordance with law.
5. Learned counsel for the review petitioner further submits that during hear
Aribam Tuleshwar Sharma Vs. Aibam Pishak Sharma & Ors.
Parsion Devi & Ors. Vs. Sumitri Devi & Ors.
Haryana State Industrial Development Corpn. Ltd. Vs. Mawasi & Ors.
Compliance with the process under Section 42(5) of the Electricity Act, 2003 and payment of outstanding dues are essential for obtaining a fresh electrical connection.
The main legal point established in the judgment is that if a statutory forum is created for redressal of grievances, a writ petition should not be entertained ignoring such statutory dispensation.
The court held that the provisions of the Electricity Act, 2003 override the provisions of the Consumer Protection Act in cases related to theft of electricity and disconnection of supply.
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