Disposed¶28

Bholi Devi v. The North Bihar Power Distribution Company Limited

Patna HC2 Apr 2025L.P.A/1160/2024

Case brief

AI extract

What is this about?

condonation of delay 13 days; alternative and effective remedy; Section 42(5) Electricity Act 2003; Consumer Grievance Redressal Forum (CGRF); North Bihar Power Distribution Company Limited; BSPHCL; electricity supply grievance; Letters Patent Appeal Patna High Court; writ petition relegated to CGRF; interim arrangement continued till CGRF decision

What did the court decide?

Condonation of 13 days' delay (I.A. No. 01 of 2025 allowed); no interference with the Single Judge's order relegating the appellant to the C.G.R.F.; six weeks' time to approach the C.G.R.F. with assurance that the complaint will be entertained and orders passed in accordance with law; interim arrangement in the impugned judgment to continue till the C.G.R.F. decides; liberty to challenge the C.G.R.F. order before the appropriate forum. ¶28

Bholi Devi Vs The North Bihar Power Distribution Company Limited — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the Division Bench should interfere with the learned Single Judge's order dated 30.09.2024 in CWJC No. 6968 of 2024 relegating the appellant to the Consumer Grievance Redressal Forum under Section 42(5) of the Electricity Act, 2003. +1 more

¶23

Court's answer

There is no reason to interfere with the learned Single Judge's judgment relegating the appellant to the Consumer Grievance Redressal Forum; the impugned order stands.

¶23

Ratio / Principle

The delay of 13 days in preferring the appeal is condoned and Interlocutory Application No. 01 of 2025 stands allowed.

¶20

Key takeaways

The appellant may approach the C.G.R.F. within six weeks from the date of the judgment; the C.G.R.F. shall entertain the complaint and pass necessary orders in accordance with law.ratio¶24
The interim arrangement in the impugned judgment shall continue till the time the complaint is decided by the C.G.R.F.ratio¶27
It is open to the appellant to challenge the C.G.R.F.'s eventual order before the appropriate forum, should she deem it necessary.

Detailed headnote1 paragraphs

Letters Patent Appeal against a learned Single Judge's order dated 30.09.2024 in CWJC No. 6968 of 2024, whereby the appellant was relegated to the Consumer Grievance Redressal Forum under Section 42(5) of the Electricity Act, 2003 as an alternative and effective remedy: HELD, the Division Bench saw no reason to interfere with the Single Judge's judgment; the 13 days' delay in filing the appeal stood condoned (I.A. No. 01 of 2025 allowed); the appellant was permitted to approach the C.G.R.F. within six weeks, the complaint to be entertained and necessary orders passed in accordance with law; the interim arrangement in the impugned judgment was to continue till the C.G.R.F. decided the complaint; liberty was reserved to challenge the C.G.R.F. order before the appropriate forum. Appeal disposed of with these observations/directions.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1160 of 2024 In

¶2

Civil Writ Jurisdiction Case No.6968 of 2024

¶3

======================================================

¶4

Bholi Devi, Wife of Suresh Choudhary, Resident of Simri Bakhtiyarpur, Kanutola, Ward No.- 10, P.S.- Simri Bakhtiyarpur, District- Saharsa, Bihar.

¶5

... ... Appellant/s

¶6

Versus

¶7

The North Bihar Power Distribution Company Limited through its Managing Director, Patna Bihar.

¶8

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

¶9

The Assistant Electricity Engineer, Electricity Supply Sub Division, Simari Bakhtiyarpur/Sonvarsha Raj, District- Saharsa.

¶10

The Junior Electricity Engineer, Electricity Supply Sub-Branch, Simari Bakhtiyarpur, Saharsa.

¶11

... ... Respondent/s

¶12

====================================================== Appearance : For the Appellant/s : Mr.Prince Kumar Mishra, Advocate Mr. Vikas Kumar Jha, Advocate For the Respondent/s : Mr.Vinay Kirti Singh, Sr. Advocate For the BSPHCL : Mr. Kumar Priya Ranjan, Addl. S.C. Mr. Sudarshan Bharadwaj, Advocate Mr. Sandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

¶13

Date : 02-04-2025

¶14

Re: I.A. No. 01 of 2025

¶15

The learned counsel for the appellant presses I.A.

¶16

No. 01 of 2025 seeking condonation of delay of 13 days in preferring this appeal.

¶17

For the reasons stated in the Interlocutory Application, the delay of 13 days in preferring this appeal is

¶18

Patna High Court L.P.A No.1160 of 2024 dt.02-04-2025 2/3

¶19

condoned.

¶20

The Interlocutory Application No. 01 of 2025 stands allowed.

¶21

Re: L.P.A. No. 1160 of 2024

¶22

By the impugned order dated 30.09.2024 passed in CWJC No. 6968 of 2024, a learned Single Judge of this Court, on finding that the appellant had an alternative and effective remedy of preferring an application under Section 42 (5) of the Electricity Act, 2003 before the Consumer Grievance Redressal Forum (for short ‘C.G.R.F.’), relegated her to prefer such complaint before the authority referred to above.

¶23

There is no reason for us to interfere with the aforenoted judgment.

¶24

It would be open for the appellant to approach the C.G.R.F. within a period of six weeks, to be counted from today, which shall be entertained by the C.G.R.F. and necessary orders in accordance with law shall be passed.

¶25