HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. RAJAN DHAWAN

JUDGEMENT

(1.) ISSUE which arises for consideration in the present petition is as to whether orders dated 20.03.2004 and 11.06.2004 (Annexures P -3 and P -4 respectively) passed by the Himachal Pradesh Electricity Regulatory Commission (respondent No. 2), are 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 (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers) Regulations, 2003. Vide impugned orders 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.