THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.33267 of 2014 Dated: 07.11.2014 Between:
M/s. MDA Mineral Dhatu (AP) Pvt. Ltd., Rep. by its Managing Director Mr. Vidhan Mittal.
.. Petitioner and Eastern Power Distribution Company of A.P. Limited, and another.
.. Respondents Counsel for the petitioner: Mr. P. Vikram Counsel for the respondents: Mr. P. Anand Seshu The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.2 in imposing purported deemed consumption charges to the tune of Rs.32,18,569/- on the petitioner, on the ground that the Contracted Maximum Demand (CMD) availed by it fell short of the minimum billing demand, as illegal and arbitrary.
Under Section 42(5) of the Electricity Act, 2003 (for short ‘the Act’), the petitioner is entitled to raise a dispute before the forum for redressal of grievances of the consumers, constituted by respondent No.1. If the petitioner feels aggrieved by any decision that may be taken by the said forum, it can avail the further remedy of approaching the Ombudsman, under sub-section 6 of Section 42 of the Act.
Mr. Vikram Pooserla, learned counsel for the petitioner, submitted that while his client has no objection to avail the above- mentioned remedies, as there is threat of disconnection of power supply for non-payment of the amount demanded, his client has filed the present writ petition.
In the light of the above-noted facts of the case and the submission of the learned counsel for the petitioner, the writ petition is disposed of in the following terms:
1) Within two weeks from today, the petitioner shall approach the forum for redressal of grievances of the consumers with written submissions;
2) Within 45 days from the date of receipt of the petition by the petitioner, the forum shall consider and dispose of the same, after giving the petitioner’s representative an opportunity of personal hearing. The forum shall give reasons in support of its decision.
3) If the petitioner feels aggrieved by the said decision of the forum, it can approach the Ombudsman under sub-section 6 of Section 42 of the Act.
4) Till adjudication of the grievance by the forum under sub-section (5) of Section 42 of the Act, the respondents shall not disconnect the power supply for non-payment of the demanded amount.
As a sequel to the disposal of the writ petition, W.P.M.P.No.41612 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 7th November, 2014 IBL