In a petition seeking restoration of electricity supply due to meter theft, the Court held that the petitioner must approach the Consumer Grievance Redressal Forum under Section 42 of the Electricity Act, 2003 instead.
Petition dismissed with liberty to approach the Consumer Grievance Redressal Forum for redressal of grievances.
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$~77
versus
CORAM:
CM APPL. 25945/2024 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 6226/2024 and CM APPL. 25946/2024
This is a digitally signed order.
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 07/05/2024 at 11:39:54
“10. If this Court entertains writ petition regarding disputes relating to electricity, water, telephones bills, etc. even though there is an alternative remedy provided by the statute before some Forum, this Court will be flooded with lacs and lacs of such writ petitions and will be doing no other work except deciding such writ petitions.
11. We are of the opinion that ordinarily no writ petition should be entertained regarding disputes relating to electricity, water, telephone and other kind of bills, if there is a Forum provided under the statute or rules or regulations thereunder for resolving such disputes.
12. The Electricity Act, 2003 has clearly provided a Forum under Section 42(5) as well as the Ombudsman under Section 42(6). We are informed that the Forum and Ombudsman under Sections 42(5) and 42(6) have both been created on 1.8.2004.
13. Thus, the appellant and all persons who have disputes regarding electricity bills have two alternative remedies. Firstly, they may approach the Forum under Section 42(5), and if they are aggrieved by the decision of the Forum, they may approach the Ombudsman under Section 42(6).”
This is a digitally signed order.
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 07/05/2024 at 11:39:54
Complete machinery has been provided in Section 42(5) and 42(6) of the Electricity Act, 2003 for redressal of grievances of individual consumers. It has been held that when a forum/ombudsman has been created, the consumers can take recourse to these bodies for redressal of their grievances. The same shall necessarily be subject to further legal remedies of the petitioner.
SACHIN DATTA, J
MAY 3, 2024/
This is a digitally signed order.
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 07/05/2024 at 11:39:54
1 issue framed by the court
Whether the High Court should entertain a writ petition regarding a dispute over electricity supply restoration when an alternative statutory remedy exists.
Colour shows how this judgement treated each authority
Ram Kishan v. N.D.P.LRelied on¶19
Ram Kishan v. N.D.P.L, 2005 SCC OnLine Del 1281 · Who else cites this
2 provisions across 1 enactments
Rajesh Sharma
BSES Rajdhani Power Ltd
Sachin Datta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
