LAWS(ORI)-2012-3-76

KEONJHAR NAVANIRMANA PARISHADAS Vs. STATE OF ORISSA

Decided On March 30, 2012
Keonjhar Navanirmana Parishadas Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) PETITIONER No.1 -Keonjhar Navanirmana Parishad claims that it is a Registered Trust and is working throughout the State for upliftment of the poor and downtrodden, and for protection of their interest besides taking up various issues concerning the consumers of the State. Petitioner No.2 -the Federation of Consumers' Organizations of Orissa claims that it is a society registered under the Societies Registration Act and is the apex body of voluntary consumer organizations and other organizations having more than 200 affiliated members in the State and is working since 1990 for the welfare, education, awareness, interest of consumers and for protection of their rights and interest under various laws of the land.

(2.) DURING the course of hearing the Tariff Orders was produced before this Court and learned counsel for the petitioners submitted that the general consumers are over -burdened with the hike in the rate of electricity and alleged that the OERC lacked control over the generating companies as well as the distribution companies and the distribution companies are not fulfilling their obligations as required under the agreements, for which every year the loss sustained by the generating companies and distribution companies is being over -loaded on the consumers.

(3.) ALONG with this writ application, another writ application, being W.P.(C) No. 8451 of 2011, had also been filed by Utkal Chambers of Commerce highlighting the grievances of the industries, which are consuming high power by paying higher tariff and due to hike in the rate of electricity, the cost of their product has become higher in the market for which the industries have ultimately become sick and unviable. According to Mr. P. Acharya, learned counsel for the petitioner in W.P.(C) No.8451 of 2011, the writ petitioner has virtually challenged the fixation of tariff, i.e. Retail Supply Tariff (RST) for the financial year 2011 -12, which has been made under Section 64 of the Electricity Act, 2003 (hereinafter "the Electricity Act").