Jharkhand High Court
Association Of Dvc Ht Consumers Of ... vs Damodar Valley Corporation Through Its ... on 24 August, 2021
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1601 of 2021
Association of DVC HT Consumers of Jharkhand through its President
Mr. Hari Krishna Budhia
... ... Petitioner
Versus
Damodar Valley Corporation through its Chairman, having its registered
office at Kolkata (West Bengal) and also having its office at Damodar Valley
Corporation Sub-Station, GOMD-V, Ramgarh
... ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Indrajit Sinha, Advocate For the Respondent : Mr. Srijit Choudhary, Advocate 04/24.08.2021 The present case is taken up through video conferencing.
The present writ petition has been filed for issuance of direction upon the respondent to grant appropriate voltage rebate to the petitioner w.e.f. 01.10.2020 in terms with tariff order dated 30.09.2020 (Annexure-2 to the writ petition) read with the corrigendum issued by the Jharkhand State Electricity Regulatory Commission (JSERC) on 04.12.2020 (Annexure-3 to the writ petition) and to adjust/refund the demand and energy charges of voltage rebate computed as per revised mechanism from the month of October, 2020 onwards in the subsequent monthly bills along with suitable interest. Further prayer has been made for directing the respondents to implement the corrigendum dated 04.12.2020 issued by the JSERC in its true letter and spirit as well as to grant appropriate voltage rebate to the petitioner during the pendency of the writ petition.
Mr. Srijit Choudhary, learned counsel appearing on behalf of the respondent, raises a preliminary objection with regard to the maintainability of the present writ petition on the ground that the petitioner has efficacious remedy of filing a complaint before the "forum" constituted by the respondent-DVC in terms with Section 42(5) of the Electricity Act, 2003 for redressal of grievances of the consumers. He, however, prays for four weeks' time to seek instruction and file counter affidavit.
In view of the said prayer, put up this case after four weeks under the heading "For Admission".
The issue with regard to maintainability of the present writ petition is left open.
Ritesh (Rajesh Shankar, J.)