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2022 DIGILAW 13 (JHR)

Subhash Kumar v. Jharkhand Bijli Vitran Nigam Limited

2022-01-04

RAJESH SHANKAR

body2022
ORDER : 1. The present case is taken up through video conferencing. 2. The present writ petition has been filed for issuance of direction upon the respondents to show cause as to how and under what authority of law, they have directed to shift the distribution transformer installed within the premises of the petitioner and to install the same at the distance of 100 meters from the said premises which, according to the petitioner, is violative of Clause 6.12 of the Jharkhand State Electricity Regulator Commission (Electricity Supply Code) Regulations, 2015 (in short “the Regulations 2015”). 3. Heard learned counsel for the parties. 4. The petitioner has raised a dispute against the direction of the officers of the respondent- “distribution licensee” to shift the distribution transformer from the premises of his unit and to install the same at 100 meters away from the said premises. Hence, the said grievance of the petitioner comes within the definition of “complaint” as per Clause-2(e) of the Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers and Electricity Ombudsman) Regulations, 2011. That apart, the petitioner has raised an issue regarding violation of Clause 6.12 of the Regulations, 2015 and in this regard, first proviso to Clause 6.17 provides that if the applicant feels aggrieved by the distribution licenesee’s action or omission, representation may be filed to the concerned Consumer Grievance Redressal Forum (CGRF) for redressing the grievance. Accordingly, the petitioner has efficacious remedy of preferring a “complaint” before the CGRF, Ranchi constituted by the Jharkhand Bijli Vitran Nigam Limited (JBVNL) under Section 42(5) of the Electricity Act, 2003. 5. The writ petition is accordingly dismissed as not maintainable at this stage. The petitioner is, however, at liberty to prefer a complaint before the aforesaid forum for redressal of his aforesaid grievance.