YOGESH JAIN Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) The prayer in this writ petition is for a writ to quash the electricity bill of Rs Rs.4,08,621/- raised against the connection bearing K.No.11410C030033 installed at T-27, Gali No.10, Industrial Area, New Rohtak Road, Anand Parvat, Delhi. A preliminary objection is raised by learned counsel for the Respondent as to the maintainability of this writ petition. According to him, the dispute involved in the petition can be referred to the Consumer Forum constituted under Section 42(5) of Delhi Electricity Act, 2003 (`Act').

(2.) Learned counsel for the petitioner submits that the meter installed in the premises is defective and consequently the bill raised is erroneous. He says this kind of a dispute is not within the scope of the jurisdiction of the Forum. He refers to Section 26(6) of the Indian Electricity Act, 1910 (IE Act) which provides that, in the event of a defective meter, the dispute would be referred for the opinion of an Electrical Inspector. It is submitted that this provision has not been continued under the Electricity Act, 2003 and therefore dispute arising out of a defective meter is not intended to be adjudicated upon by the Forum constituted under Section 42(5) of the Act.

(3.) The second aspect of the matter is that, according to the petitioner, dues which are older than 2 years prior to the date of the bill cannot be sought to be recovered in terms of Section 56 of the Act. He submits that this issue, although raised before the Forum in certain other matters, is not being examined by it. He maintains that it is only this Court which can, under Article 226, examine this aspect. He places reliance upon the judgment of this Court in M.C.D. v. H.D.Shourie 53(1993) DLT 1 to contend that the jurisdiction of the High Court under Article 226 of the Constitution is not ousted in the event of a dispute arising out of a defective electric meter.