Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 713 (JHR)

Arun Kumar Jha v. State of Jharkhand

2022-06-23

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for quashing the letter dated 03.05.2022 (Annexure-1 to the writ petition) issued by the respondent no. 4-EIC Billing Department (Billing Department), TSU&IS Ltd. Bistupur, Jamshedpur informing the petitioner that an amount of Rs. 1,21,922.35/- is the total outstanding dues for the electrical connection and due to non-payment of the same, a notice under Section 56(1) of the Electricity Act, 2003 is being issued. 2. The petitioner, who happened to be an officer under Tata Steel Limited and was terminated from service in the year 2000, has been retaining the quarter earlier allotted to him by Tata Steel Limited. The present dispute is with respect to non-payment of electricity bills by him for the said quarter. The grievance of the petitioner is that prior to issuance of impugned notice dated 03.05.2022, no electricity bill was served to him and hence, he has the reason to believe that the dues being shown against him is excessive. 3. Mr. M.S. Mittal, learned Senior Counsel for the respondent nos. 4 and 5, at the outset, submits that the petitioner has also filed a complaint before the District Forum, East Singhbhum, Jamshedpur against the demand with respect to the electricity consumption. It is further submitted that Tata Steel Limited, who is the distribution licensee in the concerned area i.e. Jamshedpur has already constituted Electricity Dispute Redressal Forum under Section 42(5) of the Electricity Act, 2003 and, therefore, the complaint filed before the District Forum, East Singhbhum, Jamshedpur under the provisions of the Consumer Protection Act, 1996 is not maintainable. If the petitioner has any grievance against raising of the electricity bills/demand for the electrical connection in question, he should take recourse under the provisions of Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2015 and Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers, Electricity Ombudsman and Consumer Advocacy) Regulations, 2020. 4. At this juncture, Mr. Peeyush Krishna Choudhary, learned counsel for the petitioner, undertakes that the petitioner will withdraw the aforesaid complaint filed before the District Forum, East Singhbhum, Jamshedpur within three weeks from today. 5. Under the aforesaid facts and circumstance, following order is being passed: (i) In view of the undertaking, the petitioner shall withdraw the complaint from District Forum, East Singhbhum, Jamshedpur within three weeks from today. 5. Under the aforesaid facts and circumstance, following order is being passed: (i) In view of the undertaking, the petitioner shall withdraw the complaint from District Forum, East Singhbhum, Jamshedpur within three weeks from today. (ii) The petitioner shall deposit Rs. 50,000/- out of the impugned demand of Rs. 1,21,922.35/- within the aforesaid period of three weeks. (iii) The petitioner shall file complaint in the Electricity Disputes Redressal Forum i.e. Tata Steel Limited Forum, constituted by the distribution licensee Tata Steel Limited, situated at Quarter No. L4/73, Kasidih (North), Old Baradwari, Sakchi, Jamshedpur within one week thereafter. (iv) On filing of the said complaint, the Forum of Tata Steel Limited shall proceed to hear the case on merit and dispose of the same in accordance with law within two months from the date of filing of the said complaint. (v) On deposit of Rs. 50,000/- against the impugned demand, the electrical connection in question will not be disconnected till disposal of the complaint by the Electricity Disputes Redressal Forum of Tata Steel Limited and the impugned demand in respect to the electrical connection in question will be subject to the outcome of the said complaint. 6. The writ petition is accordingly disposed of with aforesaid observation and direction. 7. I.A. No. 4501 of 2022 also stands disposed of accordingly.