HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. MOHIT CHAUDHARY

JUDGEMENT

(1.) ISSUE which arises for consideration in the present petition is as to whether order dated 01.05.2004 (Annexure P -3) passed by the Himachal Pradesh Electricity Regulatory Commission (respondent No. 2), is within the ambit and scope of provisions of the Indian Electricity Act, 2003 (hereinafter referred to as the Act) being contrary to the law laid down by the apex Court in Maharashtra Electricity Regulatory Commission Versus Reliance Energy Ltd. and others, : (2007) 8 SCC 381 and Civil Appeal No. 2005 of 2011, titled as M/s. H.P. State Electricity Board through its Superintending Engineer Versus M/s. Gujarat Ambuja Cements Ltd. and others. In effect jurisdictional issue is raised.

(2.) RESPONDENT No. 1, a private consumer, raised an individual dispute with regard to electricity supply and connection installed by the H.P. State Electricity Board, at Dalhousie. He filed a petition under Section 57 of the Act read with HPERC Complaint Handling Mechanism and Procedure and Conduct of Business Regulations, 2001. Vide impugned order respondent No. 2, issued certain directions with regard to dispute, emanating out of bills raised for consumption of electricity supply. Also cost (compensation) was imposed upon the supplier.

(3.) THUS , in view of this settled position of law, respondent No. 2, who was not authorized to deal with individual disputes of consumers, had no jurisdiction or authority to entertain the complaint/petition filed by respondent No. 1.