THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39220 of 2014 Dated: 22.12.2014 Between:
Bonagiri Gopala Krishna Murty .. Petitioner And The Chairman & Managing Director, APEPDCL, Corporate office near Gurudwara, Seethammadhara, Postal Colony, Visakhapatnam (PO) 530013 and others. .. Respondents Counsel for the Petitioner: Mr. P.Narasimha Rao Counsel for the Respondents: Mr. P.Anand Seshu SC for APEPDCL This Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside order in CG.No.78/2014, dated 24.05.2014, of the Consumer Grievances Redressal Forum (for short ‘the Grievance Forum’) constituted by the Andhra Pradesh Eastern Power Distribution Company Limited.
I have heard Mr.P.Narasimha Rao, learned counsel for the petitioner, and Mr.P.Anand Seshu, learned Standing Counsel for the respondents.
The petitioner has approached the Grievance Forum assailing demand of electricity charges. By the impugned order, the Grievance Forum has partly allowed the petitioner’s complaint by directing withdrawal of excess demand and surcharge. The petitioner pleaded that feeling aggrieved by the said order, he has approached the Vidyut Ombudsman by way of an appeal under Section 42 (6) of the Electricity Act, 2003 and that the Vidyuth Ombudsman has so far not entertained the appeal. As the petitioner has apprehended disconnection of power supply for non-payment of a sum of Rs.2,11,072/- demanded by respondent No.2 vide his letter No.AAO/ERO/RCPM/JAO.II/Sr.Asst.I/D.No.504/14, dated 25.06.2014, he has filed this writ petition.
Since the appeal filed by the petitioner before the Ombudsman is pending, I refrain from rendering any finding on the correctness or otherwise of the demand made by the respondents and the decision rendered by the Grievance Forum. However, with a view to balance the interests of both parties, the respondents are directed not to disconnect the power supply till disposal of the appeal by the Ombudsman, subject to the petitioner paying Rs.1,05,000/-, representing 50% of the amount demanded by respondent No.2, within one week from the date of receipt of this order.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of the writ petition, WPMP.No.49193 of 2014 stands disposed of as infructuous.
C.V.NAGARJUNA REDDY,J 22.12.2014 v v