AGROMEC ENGINEERS THROUGH ITS C.E.O. JATIN AGARWAL S/O SHRI V.K. AGARWAL Vs. UTTARAKHAND POWER CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR AND THREE ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned demand and disconnection notice dated 27 -4 -2010 issued by the respondent No. 2 -Executive Engineer, Electricity Distribution Division (Rural), Uttarakhand Power Corporation Limited Haridwar (Annexure -1 to the writ petition).

(2.) NOTICE was given to the petitioner on the ground that the electricity meter of the petitioner was recording slow reading. According to the petitioner no opportunity of hearing was given to the petitioner before issuance of the bill/disconnection notice to the petitioner, while there is no fault of the petitioner. The meter was installed by the licensee company, i.e. the respondent No. 1.

(3.) MR . B.D. Upadhyay, Advocate, learned Counsel appearing on behalf of the respondents has submitted that the petitioner has an alternate remedy under Sub -section (5) of Section 42 of the Act to approach the Consumer Grievances Redressal Forum. Learned Counsel for the respondents has relied upon paragraph 33 of the case of Maharashtra Electricity Regulatory Commission v. Reliance Energy Ltd. and Ors. : (2007) 8 SCC 381 wherein the Apex Court has inter alia observed that "Thus a complete machinery has been provided in Section 42(5) and 42(6) for redressal of grievances of individual consumers. Hence wherever a forum/ombudsman have been created the consumers can only resort to these bodies for redressal of their grievances." Besides, the Apex Court has also approved the decisions of the Division Bench of the Delhi High Court in Suresh Jindal v. BSES Rajdhani Power Ltd., 132 (2006) DLT 339 and Dheeraj Singh v. BSES Yamuna Power Ltd. : (2006) 127 DLT 525 (DB), wherein it has been held that the forum and ombudsman have power to grant interim orders. Learned Counsel for the respondents therefore contended that in case the petitioner has any grievance, he may approach the Consumer Grievance Redressal Forum for redressal of his grievance.