EXECUTIVE ENGINEER Vs. OM INDUSTRIES AND ANR.

JUDGEMENT

(1.) The present petition is filed by the petitioner - Paschim Gujarat Vij Company Limited under Articles 226 and 227 of the Constitution of India as well as under the Indian Electricity Act challenging the order passed by the Electricity Ombudsman, Gujarat State, Ahmedabad in Case No. 116 of 2014 dated 4.9.2014 on the ground stated in the memo of petition.

(2.) Heard learned Advocate Ms. Lilu K. Bhaya for the Petitioner - PGVCL and learned Advocate Shri Harnish V. Darji for the Respondent.

(3.) Learned Advocate Ms. Bhaya for the Petitioner - PGVCL submitted that if there is any dispute, the matter has to go to Consumer Forum under Section 42(5) of the Electricity Act. She further submitted that if the consumer is aggrieved, then, he may file an appeal before the Electricity Ombudsman under Section 42(6) of the Electricity Act. She submitted that the impugned order is passed by the Electricity Ombudsman without appreciation of the relevant facts and material and therefore the present petition has been filed.