Ms Icon Dairy Food India Pvt. Ltd. through Its Director Vivek Lamba Vs Jharkhand Bijli Vitran Nigam Limited through Its Chairman — Jharkhand HC (2024) — LawSathi Research

Ms Icon Dairy Food India Pvt. Ltd. through Its Director Vivek Lamba Vs Jharkhand Bijli Vitran Nigam Limited through Its Chairman — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petitioner granted liberty to take alternative recourse as provided under law for redressal of its grievance.

Issue for consideration

Whether the writ petition seeking quashing of the JBVNL arrears bill dated 09.11.2020 (Rs.96,28,171/-) and a direction to the Electrical Superintending Engineer to dispose of the petitioner's grievance over non-compliance with the VUSNF order (Case No. 03/2009) is maintainable, or whether the petitioner should pursue remedies under the Electricity Act, 2003 and the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015.

Court's answer

Since the order of VUSNF, Jharkhand (Case No. 03/2009) was not complied with by the concerned JBVNL authority, the petitioner should have taken recourse under appropriate provisions of the Electricity Act, 2003 and the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015 instead of pursuing the writ petition.

Ratio / Principle

The writ petition is dismissed as not maintainable, with liberty to the petitioner to take alternative recourse as provided under law for redressal of its grievance.

Detailed headnote1 paragraphs

W.P.(C) No. 4421 of 2020 (High Court of Jharkhand at Ranchi; single Judge: Rajesh Shankar, J.; Order dated 10.06.2024) — M/s. Icon Dairy Food (India) Pvt. Ltd. v. Jharkhand Bijli Vitran Nigam Ltd. & others. The petitioner, a JBVNL consumer, challenged the bill dated 09.11.2020 (Annexure-8) showing arrears of Rs.96,28,171/- and sought a direction to dispose of its grievance arising from non-conduct of meter testing despite the VUSNF order in Case No. 03/2009 (decision dated 01.09.2009) and deposit of the meter testing fee, the dispute having originated in an inflated bill of Rs.2,55,783/- (67000 KWH) of August 2006. Observing that non-compliance with the VUSNF order ought to have been pursued under appropriate provisions of the Electricity Act, 2003 and the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015, the Court dismissed the writ petition as not maintainable, granting the petitioner liberty to take alternative recourse under law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4421 of 2020

M/s. Icon Dairy Food (India) Pvt. Ltd., Adityapur Industrial Area, Seraikella-Kharsawan, through its Director Vivek Lamba

… … Petitioner

Versus

Jharkhand Bijli Vitran Nigam Limited through its Chairman, Ranchi

General Manager-cum-Chief Engineer, Jharkhand Bijli Vitran Nigam Limited, Singhbhum Area, Jamshedpur

Electrical Superintending Engineer, Electric Supply Circle, Jamshedpur

Electrical Executive Engineer (C & R), Electric Supply Circle, Jamshedpur … … Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Ms. Ayushi, Advocate For the Respondents : Mr. Mrinal Kanti Roy, Sr. SC, JBVNL Mr. Abhinay Kumar, Advocate

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Order No. 04 Dated: 10.06.2024

The present writ petition has been filed for quashing the bill dated 09.11.2020 (Annexure-8 to the writ petition) issued by the respondent no. 4 – Electrical Executive Engineer (Commercial & Revenue), Electric Supply Circle, Jamshedpur, wherein the respondents have shown the arrears of Rs.96,28,171/- which is illegal, arbitrary and contrary to the decision of Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF), Jharkhand dated 01.09.2009 passed in Case No. 03/2009. Further prayer has been made for issuance of direction upon the respondent no. 3 – Electrical Superintending Engineer, Electric Supply Circle, Jamshedpur to dispose of the petitioner’s long pending grievance.

2. Heard learned counsel for the parties and perused the content of the writ petition.

3. The petitioner being the consumer of respondent-JBVNL raised a dispute that in the month of August, 2006, it was served an inflated bill of Rs.2,55,783/- showing consumption of 67000 KWH.

Since, according to the petitioner, the recording of said consumption was a mistake committed by the official of JBVNL, it raised the said grievance before the concerned authority. On non-redressal of the said grievance, the petitioner also preferred a complaint being Case No. 03/2009 before the VUSNF.

4. The petitioner has pleaded in the writ petition that the VUSNF directed it to deposit the meter testing fee and thereafter the concerned officer of the JBVNL was to conduct the meter testing in presence of the petitioner and the billing was to be done on the basis of the said report.

5. Though copy of any such order passed by the VUSNF, Jharkhand has not been annexed with the writ petition, however, the petitioner has contended that despite the order of VUSNF, Jharkhand, the officers of the JBVNL did not conduct the meter testing even after deposit of the meter testing fee by it.

6. Having considered the aforesaid factual aspect of the matter, this Court is of the view that if the order of VUSNF, Jharkhand was not complied by the concerned authority of the JBVNL, the petitioner should have taken recourse under appropriate provisions of the Electricity Act, 2003 as well as Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015.

7. The writ petition is accordingly dismissed as not maintainable. The petitioner is, however, at liberty to take alternative recourse as provided under law for redressal of its grievance.

(Rajesh Shankar, J.)

Manish