Allahabad High Court
M/S. Durga Mordern Rice & Flour (Daal) ... vs Purvanchal Vidyut Vitran Nigam Ltd. & ... on 30 July, 2010
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- WRIT - C No. - 19697 of 2010 Petitioner :- M/S. Durga Mordern Rice & Flour (Daal) Mill & Anr. Respondent :- Purvanchal Vidyut Vitran Nigam Ltd. & Ors. Petitioner Counsel :- B. Narayan Singh,H.N. Singh Respondent Counsel :- C.S.C.,H.P. Dube Hon'ble Prakash Chandra Verma,J.
Hon'ble Ram Autar Singh,J.
Heard learned counsel appearing on behalf of the parties and perused the materials on record.
The controversy involved in this writ petition cannot be decided in writ jurisdiction. Since the petitioner has an alternative remedy before the Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2007 (U.P.E.R.C.) framed by the Regulatory Commission, therefore petitioner is directed to move a fresh representation/complaint before the said forum raising his all the grievances/pleas therein, which have been taken in the writ petition, within a period of two weeks from today along with a certified copy of this order. If such a representation/complaint is moved within the stipulated period, the authority concerned is directed to decide the same by speaking order in accordance with law after affording an opportunity of hearing to the petitioner expeditiously, preferably within a period of three months from the date of receipt of the representation/complaint.
However, it is made clear that this Court has not expressed any opinion on merits of this case and it will be an independent exercise for the concerned authority to pass appropriate orders in accordance with law. Till the decision of the representation of the petitioner by the authority concerned, the difference of the amount sought to be recovered by the petitioner, shall remain stayed.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 30.07.2010.
Rks.