Hind Auto (p) Ltd v. Jharkhand Bijli Vitran Nigam Ltd
2018-10-01
SHREE CHANDRASHEKHAR
body2018
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioner seeks rectification of the electricity bill on the ground of illegal imposition of delayed payment surcharge and fuel surcharge from March, 2001 to November, 2004 and from December, 2004 to May, 2015 and onwards. 2. At the outset, Mr. Dheeraj Kumar, the learned counsel for the respondent-Jharkhand Bijli Vitran Nigam Ltd. raises a preliminary objection on maintainability of the writ petition. 3. Responding to the question of maintainability of the writ petition, Mr. S. L. Agarwal, the learned counsel for the petitioner submits that previously this Court has entertained the writ petition at the instance of the petitioner and directed the Electrical Executive Engineer (Commercial & Revenue)-respondent no. 5 to consider the petitioner''s representation and since petitioner''s representation has not been considered by the respondent no. 5 as per law the petitioner has again come to this Court. 4. By now it is well-settled that by filing representations neither the period of limitation can be extended nor the Court or the Forum which otherwise would have no jurisdiction to entertain the claim can be clothed with such jurisdiction. Order dated 21.06.2016 passed in W.P.(C) No. 1895 of 2016 records objection of the respondents on maintainability of the writ petition. In my opinion, a direction to the respondent no. 5 to look into the representation of the petitioner cannot be construed as if this Court has overruled the objection of the respondents on maintainability of the writ petition. 5. Under the Electricity Act, 2003 a Forum has been constituted for redressal of grievances of the consumer pertaining to dispute on electricity bill. The petitioner has an efficacious remedy before the Forum constituted under the Act. 6. In the above facts, sustaining the objection of the respondents on maintainability of the writ petition, this writ petition stands dismissed as not maintainable, however, with liberty to the petitioner to approach Vidyut Upbhokta Sikayat Nivaran Forum. 7. I.A No. 8420 of 2017 and I.A No. 7286 of 2018 stand dismissed. I.A. No. 1847 of 2018 stands disposed of.