Madhya Pradesh High Court
Gawar Construction Limited Through ... vs M.P. Paschim Kshetra Vidhyut Vitran Co. ... on 6 January, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
WRIT PETITION No. 9207 of 2024
GAWAR CONSTRUCTION LIMITED THROUGH SHRI PARVEEN
RAWAL
Versus
M.P. PASCHIM KSHETRA VIDHYUT VITRAN CO. LTD. AND OTHERS
_______________________________________________________________
Appearance:
Shri Dheeraj Singh Panwar - Advocate for the petitioner.
Shri Yogesh Hemnani, learned counsel for the respondent No.2.
_________________________________________________________________
ORDER
(Reserved on 3/12/2024) (Pronounced on 06/1/2025)
1. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the demand dated 31/1/2024 (Annexure P/1) raised by respondent No.1 and has further prayed for a direction to refund with interest amount of Rs.28,64,213/- Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --2- recovered without notice from its security deposit.
2. Learned counsel for the respondents has filed reply along with a preliminary objection regarding maintainability of this writ petition on the ground of availability of alternate and efficacious remedy to the petitioner to approach the Electricity Consumer Grievance Redressal Forum for redressal of the dispute as raised in this petition.
3. As per the petitioner on 22/7/2021 the respondents had issued approval of permanent HT connection of 500 KWA for running stone crusher unit. An agreement was also executed on 10/8/2021. The petitioner thereafter made the necessary payments and also deposited a sum by way of security deposit. It has been making regular payment of monthly bills. Its connection has however been permanently disconnected on 23/11/2023 and thereafter impugned demand dated 31/1/2024 was issued by treating petitioner's connection as temporary connection for billing purpose. It has been stated that it is based on other connection in another Ujjain District.
4. The primary ground for the petitioner to challenge the Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --3- impugned demand is based on misreading of Clause 4.48 of M.P. Electricity Supply Code, 2021. It is submitted that the demand is not applicable to the petitioner and therefore, the petitioner cannot be treated as temporary consumer. The demand is contrary to the provisions of Section 62 of M.P. Electricity Act, 2003 and contrary to terms of HT supply agreement. Petitioner's connection does not fall in the category of temporary consumer as per Clause 2.1(ss) of M.P. Electricity Supply Code, 2021.
5. While considering the provisions of the Electricity Act, 2003, the Madhya Pradesh Electricity Regulatory Commission (Establishment of Forum and Electricity Ombudsman for redressal of grievance of the consumers) (Revision 1) Regulations, 2009 and the M.P. Electricity Supply Code, 2001, the Division Bench of this Court in M.P. Paschim Kshetra Vidyut Vitaran Company Ltd. & Ors. V/s. Moral Overseas Ltd, Writ Appeal No.861/2022 by order dated 18/8/2022 has held as under :-
9. Sub-section (5) of Section 42 of the Electricity Act, 2003 mandates that every distribution licensee shall establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the Commission. As per sub-section (6) any consumer who is aggrieved by non-redressal Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --4-
of his grievance under sub-section (5), make a representation for the redressal of grievance to an authority to be known as Ombudsman. Sub-sections (4), (5), (6) & (7) are reproduced below:-
"(4) Where the State Commission permits a consumer or class of consumers to receive a supply of electricity from a person other than the distribution licensee of his area of supply, the such consumer shall be liable to pay an additional surcharge on the charges of wheeling, as may be specified by the State Commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply.
(5) Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission.
(6) Any consumer, who is aggrieved by non-redressal of his grievances under sub-section(5), may make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be appointed or designated by the State Commission.
(7) The Ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the State Commission.
10. In exercise of the power conferred under Section 42 & 181, the State Government framed a regulation called "the Madhya Pradesh Electricity Regulatory Commission Establishment of Forum and Electricity Ombudsman for Redressal of Grievance of the Consumer) (Revision-1) Regulations, 2009". Chapter 3 provides for the constitution of the Grievance Redressal Forum. Any person aggrieved by the order of the Forum may make representation to the Ombudsman appointed / designated by the Commission. Chapter 4 provides for the appointment / designation of Electricity Ombudsman.
6. The respondent No.1 has admittedly established an Electricity Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --5- Consumer Grievance Redressal Forum at Ujjain. The dispute which has been raised by the petitioner in this petition is as regards the demand notice which has been issued by the respondents. The petitioner can certainly approach the forum in respect of his grievance by filing appropriate application.
7. As per the MPERC (Establishment of Forum and Electricity Ombudsman for redressal of grievance of the consumers) (Revision
2) Regulations, 2021, grievance has been defined under the definition clause. Clause 2.4 (m) defines grievance as under :-
"Grievance shall mean a dissatisfaction of the Consumer arising out of the failure of the Licensee to register or redress a Complaint and shall include any dispute between the Consumer and the Licensee with regard to any Complaint with regard to any action taken by the Licensee in relation to or pursuant to a Complaint filed by the affected person. However, the matters falling within the purview of any of the following provisions of the Act will not form a grievance under these regulations :
i) Unauthorised use of electricity as provided under Section 126 of the Act;
ii) Offences and penalties as provided under Section 135 to 139 of the Act;
iii) Compensation related to accident in the distribution, supply or use of electricity as provided under Section 161 of the Act; and
iv) Recovery of arrears where the bill amount is not disputed."
8. The petitioner has also raised a dispute between himself and the respondents with regard to the demand made from him and the adjustment of his security deposit. The petitioner has a complaint in Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM NEUTRAL CITATION NO. 2024:MPHC-IND:36974 --6- respect of the same. The grievance of the petitioner is certainly a grievance as per the definition aforesaid. The petitioner is hence certainly having the alternate remedy of approaching the Electricity Consumer Grievances Redressal Forum which is an efficacious remedy. He has however directly rushed to this Court without availing the alternate remedy.
9. Consequently, the preliminary objection as raised by the learned counsel for the respondents is upheld and this petition is dismissed on account of availability of alternate and efficacious remedy to the petitioner as aforesaid reserving liberty to the petitioner to avail the said remedy in accordance with law.
(PRANAY VERMA) JUDGE SS/-
Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 1/8/2025 4:29:53 PM