THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.34878 of 2014 Between:
Dated 19th November, 2014 M/s.Agarwal Foundaries And …Petitioner The Southern Power Distribution Company Ltd., of Telangana State, Mint Compound, Hyderabad, rep.by its Vice Chairman and Managing Director and others …Respondents Counsel for the petitioner: Sri M.P.Chandramouli Counsel for the respondents: Sri O.Manohar Reddy The Court made the following:
ORDER:
This writ petition is filed with the grievance that the respondents have not been furnishing the relevant details for the sum of Rs.38,20,151/- being included in its bills under the head “CC bills less paid (including surcharge during the period September, 2012 to September, 2014)”. The further grievance of the petitioner is that though it has sought to file a complaint before the Consumer Grievance Redressal Forum under Section 42(5) of the Electricity Act, 2003 (for short ‘the Act’), no one has received the same.
Sri O.Manohar Reddy, learned Standing Counsel for the respondents, submitted that the Consumer Grievance Redressal Forum is functioning effectively with three Officers and that if the petitioner presents the complaint during working hours, they will receive and decide the dispute.
Inasmuch as the dispute raised by the petitioner is a billing dispute, this Court feels that it is appropriate that the Forum under Section 42(5) of the Act decides the same. In order to safeguard the interests of both the parties, I deem it appropriate that the petitioner pays a part of the bill amount.
Accordingly, the petitioner is permitted to pay 1/3rd of Rs.38,20,151/- within two weeks. The petitioner is also permitted to file a complaint before the Forum within the said period of two weeks. On receipt of such complaint, the Forum shall issue notice to the petitioner and the respondents and after hearing both the parties, it shall decide the dispute. Till such adjudication is made, power supply shall not be disconnected for payment of balance 2/3rd of the demanded amount.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.43637 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 19th November, 2014
VGB