Amalgam Steel Pvt. Ltd. v. Jharkhand State Electricity Regulatory Commission
2025-02-06
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : 1. The present writ petition has been filed for quashing the letter as contained in memo no. 756 dated 14.11.2024 (Annexure-3 to the writ petition) issued by the respondent no. 2, whereby a general direction/order has been issued to all the Deputy General Manager (Technical) posted in different Electric Supply Circles of Jharkhand Bijli Vitran Nigam Limited (hereinafter referred to as “JBVNL”) that Clause 7.17 of the Electric Supply Code Regulation, 2015 with regard to load reduction that do not provide for any fixed initial period of agreement is not absolute and JBVNL can take stand based on the agreement with the consumer which stipulates that no application for reduction of load could be allowed before the expiry of period of agreement i.e. initial period of 3 years earlier provided in the Supply Code Regulation, 2005 framed by Jharkhand State Electricity Regulatory Commission, but repealed by new Electricity Supply Code Regulation, 2015. Further prayer has been made for issuance of direction upon the respondent nos. 2 and 3 to allow the application of the petitioner for reduction of contracted load to 9000 KVA from 13000 KVA on 33 KV under HTS tariff which was earlier sanctioned vide letter no. 953 dated 13.05.2023 by following the mandatory provision of Clause 7.17 of the Electricity Supply Code Regulation, 2015 framed by JSERC with regard to load reduction of any existing consumer which nowhere stipulates for maintaining 3 years of initial period of agreement as provided under Clause 9.2.1 of the repealed Electricity Supply Code Regulation, 2005 framed by JSERC. 2. Mrs. Sweta Shukla, AC to Mr. Sachin Kumar, learned counsel for the respondent-JBVNL, submits that the petitioner instead of filing the writ petition should have filed a complaint for redressal of its grievance before the Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF), Jamshedpur constituted by the respondent-JBVNL under Section 42(5) of the Electricity Act, 2003, which is presently functional. 3. Having heard the learned counsel for the parties and keeping in view that the petitioner has the efficacious/statutory remedy of preferring complaint with respect to reduction of its contracted load before the VUSNF, Jamshedpur constituted by respondent-JBVNL under Section 42(5) of the Electricity Act, 2003, I am not inclined to entertain the writ petition on merit at this stage. 4.
Having heard the learned counsel for the parties and keeping in view that the petitioner has the efficacious/statutory remedy of preferring complaint with respect to reduction of its contracted load before the VUSNF, Jamshedpur constituted by respondent-JBVNL under Section 42(5) of the Electricity Act, 2003, I am not inclined to entertain the writ petition on merit at this stage. 4. However, if any such complaint is preferred by the petitioner before the Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF), Jamshedpur within a period of three weeks from today, the same shall be entertained by the VUSNF on merit and shall be disposed of in accordance with law after hearing the concerned parties as expeditiously as possible, preferably within a period of two months from the date of filing of the complaint. 5. The writ petition is disposed of with aforesaid liberty and direction.