Court No. - 29
Case :- WRIT - C No. - 23301 of 2019 Petitioner :- Durvesh Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi Hon'ble Pankaj Mithal,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and Sri Nripendra Mishra, learned counsel for respondent Nos. 4 and 5.
The petitioner was served with a recovery citation dated 14.3.2018 for a sum of Rs. 51,164/- as electricity dues. This recovery is under challenge by the petitioner before the Consumer Forum and is under stay.
Presently, a fresh recovery certificate dated 15.6.2019 has been issued demanding Rs. 1,02,307/- as electricity dues from the petitioner.
In challenging the above recovery certificate, the submission of counsel for the petitioner is that this recovery includes the previous amount of Rs. 51,164/- which is under stay by the Consumer Forum, as such, is illegal.
The petitioner has not submitted any explanation with regard to the balance amount after deducting Rs. 51, 164/- from the demand of Rs. 1,02,307/-.
Moreover, when the petitioner had challenged the earlier recovery before the Consumer Forum, there appears to be no justification for him to approach this Court and not to challenge the same before the Consumer Forum.
Apart from this, the U.P. Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulation, 2007 provides for the establishment of the Consumer Grievance Redressal Forum and provides that any complaint pertaining to matters mentioned in Sections 126 to 128, 135 to 139, 143, 152 and 161 of the Electricity Act, 2003 would fall within the jurisdiction of the said Forum.
The matter of dispute of electricity charges is one which is covered by the jurisdiction of the Forum and, as such, petitioner can also make a complaint before the Electricity Forum.
In view of the above alternative remedies available to the petitioner, we do not deem it necessary to exercise our discretionary jurisdiction and the petition is dismissed on the ground of alternative remedy.
Order Date :- 26.7.2019 Saurabh