The Himachal Pradesh High Court ruled that the challenge against low voltage supply surcharge can be made before forum for redressal of consumers’ grievances.
Senior Counsel for the respondents submitted that the petitioners have an alternative and efficacious remedy available to them against the order in terms of Section 42(5) of the Electricity Act, 2003.
The said provision reads as under:-
“42(5) – Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission.”
Senior Counsel for the petitioners does not dispute the availability of alternate remedy to the petitioners.
He, however, submitted that in the given facts and circumstances of the case, the petitioners were within their rights to invoke extraordinary remedy under Article 226 of the Constitution of India, since according to him, facts were not in dispute.
The bench disposed of the writ petition with liberty to the petitioners to avail the alternate remedy in terms of Section 42 of the Electricity Act, 2003.
The court directed that in case such a remedy is availed by the petitioners within a period of four weeks from today, the competent authority/forum shall decide and dispose of the same on its own merits in accordance with law without raising any question of limitation, however, subject to fulfillment of other conditions, if any.
Case Information
Case Name: M/s A.B. Tools Pvt. Ltd. and another V/S Himachal Pradesh State Electricity Board Limited and others
Judicial Level & Location : High Court Of Himachal Pradesh, Shimla
Appeal Number : CWP No.9726 of 2013
Date of Ruling : 09/07/2024
Ruling in favor of: Petitioner
Judges: Justice Jyotsna Rewal Dua
