IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6791 of 2009
M/S PARMATMA ALLIED FEED COMPANY PVT. LTD.
Versus
THE BIHAR STATE ELECTRICITY BOARD & ORS.
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3/ 07/12/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The dispute in this writ application pertains to
the power factor surcharge levied by the respondent
Board upon the petitioner.
Learned counsel for the petitioner submits from
paragraph-4 of the terms and conditions of H.T. Tariff
that the petitioner is a H.T.S.-1(11 K.V.A.) 6.6 Kilo Watt
category consumer. The power factor surcharge has been
specified in two different categories depending on the
nature of the consumption pattern. The bills raised with
regard to the power factor surcharge are contrary to the
same.
The petitioner represented against his bill to
that extent. Without disposing his representation he was
threatened with disconnection which compelled the
petitioner to file this application. The petitioner has no
objection to moving the Consumer Grievances Redressal
Forum (hereinafter referred to as C.G.R.F.) under
Section-42(5)of the Electricity Act, 2003. He submits that
the relief sought is confined only to the quantum of the
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bill insofar as the power factor surcharge is concerned,
and that the petitioner is willing to pay all other charges
as may be raised in the current bills and in future based
on user.
Learned counsel for the Board submits that the
petitioner may avail his remedies appropriately before the
C.G.R.F.
The Court is satisfied that the Forum shall be a
better authority to investigate into technical question of
fact only whereafter the need for judicial review may or
may not arise.
The interim order dated 2..6.2009 is modified to
the extent that the petitioner shall pay all charges in the
impugned bill dated 15.5.2009 except as levied for power
factor surcharge being the disputed amount. The
petitioner shall continue to pay his current bills except
for the power factor surcharge issue which shall abide by
the decision of the C.G.R.F.
Only if the petitioner files an application before
the C.G.R.F. within thirty days from today, let the same
be considered and disposed off by a reasoned and
speaking order in accordance with law within a
maximum period of two months from the date of
receipt/presentation of the representation along with a
copy of this order. If the petitioner does not file an
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application before the C.G.R.F. within the time indicated,
the claim with regard to power factor surcharge shall be
deemed to have been rejected when the Board shall be at
liberty to take appropriate action in accordance with law.
The writ application stands disposed.
KC ( Navin Sinha, J.)