Allowed

Sudhish Nandan Singh v. The Bihar State Power Distribution Company Ltd. and Ors.

Patna HC1 Nov 2013CWJC/20525/2013

Case brief

AI extract

What is this about?

Writ petition challenging an order upholding power bills and disconnection. The High Court set aside the impugned order for lack of a speaking order and directed the Managing Director to re-hear the matter within 15 days, considering remission under the Industrial Policy, 2011, and restoring connection.

What did the court decide?

Impugned order set aside; Managing Director directed to re-hear matter, pass detailed order within 15 days, and restore connection without surcharge considering Industrial Policy, 2011.

Sudhish Nandan Singh Vs The Bihar State Power Distribution… — Consumer Protection | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.20525 of 2013

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====================================================== Sudhish Nandan Singh, Son of Dr. Siya Ram Saran Singh 'Saroj' Proprietor of Nalanda Ghar Sansar Development Pvt. Ltd. Having its Office at Saroj Complex, Motijheel, Muzaffarpur, District – Muzaffarpur. .... .... Petitioner.

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Versus

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1. The North Bihar Power Holding Company Ltd., Patna. 2. The Chairman, North Bihar Power Holding Company Ltd., Vidhut Bhawan, Bailey Road, Patna.

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1. The Financial Controller (Revenue) North Bihar Power Holding Company Ltd., Vidhut Bhawan, Baily Road, Patna.

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1. The Managing Director, North Bihar Power Distribution Company, Limited, Vidhut Bhawan, Baily Road, Patna.

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1. The General Manager Cum Chief Engineer, Tirhut Electric Supply Authority, having its Office at Bhagwanpur, Muzaffarpur, District – Muzaffarpur.

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1. The Superintending Engineer, Muzaffarpur Circle, North Bihar Power Holding Company Ltd Having Its Office At Ramdyalu, Muzaffarpur, District – Muzaffarpur.

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1. The Executive Engineer (Commercial and Revenue) Electric Supply Circle, North Bihar Power Holding Company, having its Office at Ramdyalu, Muzaffarpur, District – Muzaffarpur.

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1. The Electrical Assistant Engineer, Electric Supply Circle, North Biharpower Holding Company Ltd Ramdyalu, Muzaffarpur, District – Muzaffarpur. .... .... Respondents.

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====================================================== Appearance : For the Petitioner/s : Mr. S.D. Sanjay Mr. Binod Murari Mishra For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER

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02 01-11-2013 The petitioner is aggrieved by the order of the North Bihar Power Distribution Company Limited (hereinafter referred to as “Power Distribution Company Ltd.”) through its Managing Director dated 03.10.2013 as a part of the Annexure-12 series, which has been communicated by the Chief Engineer (Commercial) to the petitioner under Memo No.2371 dated

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Patna High Court CWJC No.20525 of 2013 (02) dt.01-11-2013

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07.10.2013.

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It appears that there has been a serious dispute with regard to entitlement of remission and correctness of the bills as has been raised. This Court by order dated 12.08.2013 passed in C.W.J.C. No.5389 of 2013 remitted the matter to the Power Distribution Company Ltd. with a liberty to file a representation and the Managing Director was expected to consider and dispose of the same. This order is pursuant to the said order.

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In my view, the order is an apology for an order. The Managing Director, a Senior Officer he may be, but, at the same time, he is dealing with the civil rights of a person for which they are entitled. Before adjudicating, he should disclose materials and the reports he relies on. In other words, the order he is to pass and which requires obedience of a consumer has to be a speaking order where not only the Power Distribution Company Ltd. stand has to be noted but what is wrong with the stand of the petitioner has also to be noted and discussed. A high Officer like the Managing Director should be aware of his responsibility in the matter before he fixes responsibility of others.

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In that view of the matter, I regret that I cannot sustain the order aforesaid. It is set aside and the Managing Director is directed to re-hear the matter and pass appropriate

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Patna High Court CWJC No.20525 of 2013 (02) dt.01-11-2013

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orders within 15 days of production of a copy of this order before him. The Managing Director would also be obliged to consider that if the bills, as served on the petitioner, contained amounts which were not payable by the petitioner in terms of Industrial Policy, 2011 or for any other reasons any amount was not payable, then the bills would be deemed to be not in accordance with law and, therefore, any insistence on payment of the bill would be illegal. There would be no delayed payment surcharge in respect of the bills aforesaid. There could not be any disconnection for the said which would be considered by the learned Managing Director while disposing of the petitioner’s representation. In view of the fact that the connection of the petitioner has been disconnected, it is expected that the Managing Director would pass detailed order, as noted above, within a period of 15 days, as noted above and, any failure on that account, this Court may take serious view of the matter.

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With the aforesaid observations and directions, this writ petition stands disposed of.

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(Navaniti Prasad Singh, J.)

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Trivedi/-

Sudhish Nandan Singh v. The Bihar State Power Distribution Company Ltd. and Ors.

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Sudhish Nandan Singh v. The Bihar State Power Distribution Company Ltd. and Ors.

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