Disposed

Alpine Housing Development Corporation Limited v. the Bangalore Electricity Company Limited

Karnataka HC1 Oct 2024WP/14850/2016

Case brief

AI extract

What is this about?

The petitioner applied to withdraw the writ petition to approach the Consumer Grievance Redressal Forum regarding an electricity bill demand. The court disposed of the petition granting leave to approach the forum, continuing the interim order for two weeks pending the consumer complaint as 50% of the amount was deposited.

What did the court decide?

Writ petition disposed of with liberty to approach CGRF. Interim order extended by two weeks; deposit transmitted to CGRF.

Alpine Housing Development Corporation Limited Vs the… — Consumer Protection | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:40987 WP No. 14850 of 2016

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 1^ST DAY OF OCTOBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 14850 OF 2016 (GM-KEB)

¶6

BETWEEN:

¶7

ALPINE HOUSING DEVELOPMENT CORPORATION LIMITED, HAVING ITS REGISTERED OFFICE NO.10, LANGFORD ROAD, BANGALORE – 560 025. REPRESENT BY ITS MANAGING DIRECTOR, MR. S.A.KABEER, AGED ABOUT 60 YEARS, S/O S.A ZAHIR,

¶8

…PETITIONER

¶9

(BY SRI. SIDDARTHA D.K., ADVOCATE FOR SRI. ABHINAV R., ADVOCATE)

¶10

AND:

¶11

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

¶12

THE BANGALORE ELECTRICITY COMPANY LIMITED, K.R. CIRCLE, BANGALORE – 560 001. REP BY ITS MANAGING DIRECTOR,

¶13

THE CHIEF ENGINEER (ELEC), NO.14/3, 3RD FLOOR, MAHARISHI, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE – 560 001.

¶14

2 - NC: 2024:KHC:40987 WP No. 14850 of 2016

¶15

THE ASSISTANT EXECUTIVE ENGINEER (EI) BESCOM, C-8-SUB DIVISION, SAHAKARANAGAR,

¶16

BANGALORE – 560 092.

¶17

…RESPONDENTS

¶18

(BY SRI. SRIRANGA, SENIOR ADVOCATE FOR

¶19

SMT. SUMANA NAGANAND, ADVOCATE FOR R1 TO R3.)

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 2.3.2016 ISSUED BY THE R-3 AT ANNEXURE-G IN SO FAR AS IT RELATES TO REQUESTING THE PETITIONER TO PAY A SUM OF RS.28,50,000/- TOWARDS SHORT CLAIM AND ETC.

¶21

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

¶23

ORAL ORDER

¶24

Learned counsel for the petitioner has filed memo to

¶25

withdraw the petition with liberty to approach Consumer Grievance Redressal Forum (herein after referred to as 'CGRF' for short) under Section 126 of the Karnataka Electricity Act, 2003.

¶26

The memo is taken on record, which reads as under:

¶27

¶28

NC: 2024:KHC:40987 WP No. 14850 of 2016

¶29

"The Petitioner herein submits that the Respondent has stated that there is alternative remedy to challenge the impugned order. The impugned order was passed without any basis. The Respondent, in their Statement of Objections filed only on 14.06.2024 has produced a document claiming to be the calculation for the amount levied in the impugned order. As such, the Petitioner may be permitted to challenge the impugned order herein and the calculation produced by the Respondent, before the appropriate forum. The time consumed in the present proceedings may be excluded in respect of the alternative remedy which the Petitioner has sought to avail before the appropriate forum and the benefit of Section 14 of the Limitation Act, 1963 may be extended to the Petitioner. Interim order passed in the present petition may be continued till such time that the Petitioner approaches the appropriate forum, in view of the fact that 50% of the amount levied under the impugned order has been deposited before this Hon'ble Court in compliance of the said Interim Order."

¶30

In light of submission and memo filed, the writ

¶31

petition is disposed of with liberty to the petitioner to approach the CGRF.

¶32

NC: 2024:KHC:40987 WP No. 14850 of 2016

¶33

¶34

In view of the deposit made by the petitioner to

¶35

the extent of 50% before this Court in compliance of the interim order, this Court feels it appropriate to extend the interim order granted on 21.04.2016 by period of two weeks from the date of release of this Order. The amount

¶36

in deposit to be transmitted to the CGRF.

¶37

Sd/(K.S. HEMALEKHA) JUDGE

¶38

AT List No.: 1 Sl No.: 36

Alpine Housing Development Corporation Limited v. the Bangalore Electricity Company Limited

Case brief

What is this about?

What did the court decide?

Alpine Housing Development Corporation Limited v. the Bangalore Electricity Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Goldman Sachs Services Private Limited Vs the Regional Provident Fund Commissioner

Karnataka State Road Transport Corporation Vs Abdul Sharief

Sri N Manjunatha Vs the Agricultural Produce Market Committee

K N Nagaraja Vs Management of Karnataka Power

Manipal University Mazdoor Union Vs Manipal University

Engineering and General Workers Union (R) Vs the Management of