LAWS(JHAR)-2022-6-167

ARUN KUMAR JHA Vs. STATE OF JHARKHAND

Decided On June 23, 2022
ARUN KUMAR JHA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter dtd. 3/5/2022 (Annexure-1 to the writ petition) issued by the respondent no. 4 - EIC Billing Department (Billing Department), TSU and IS Ltd., Bistupur, Jamshedpur informing the petitioner that an amount of Rs.1,21,922.35 is the total outstanding dues for the electrical connection and due to non-payment of the same, a notice under Sec. 56(1) of the Electricity Act, 2003 is being issued.

(2.) The petitioner, who happened to be an officer under Tata Steel Limited and was terminated from service in the year 2000, has been retaining the quarter earlier allotted to him by Tata Steel Limited. The present dispute is with respect to non-payment of electricity bills by him for the said quarter. The grievance of the petitioner is that prior to issuance of impugned notice dtd. 3/5/2022, no electricity bill was served to him and hence, he has the reason to believe that the dues being shown against him is excessive.

(3.) Mr. M.S. Mittal, learned Senior Counsel for the respondent nos. 4 and 5, at the outset, submits that the petitioner has also filed a complaint before the District Forum, East Singhbhum, Jamshedpur against the demand with respect to the electricity consumption. It is further submitted that Tata Steel Limited, who is the distribution licensee in the concerned area i.e., Jamshedpur has already constituted Electricity Dispute Redressal Forum under Sec. 42(5) of the Electricity Act, 2003 and, therefore, the complaint filed before the District Forum, East Singhbhum, Jamshedpur under the provisions of the Consumer Protection Act, 1996 is not maintainable. If the petitioner has any grievance against raising of the electricity bills/demand for the electrical connection in question, he should take recourse under the provisions of Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2015 and Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers, Electricity Ombudsman and Consumer Advocacy) Regulations, 2020.