Challenge Against Low Voltage Supply Surcharge Can be Made Before Forum For Redressal Of Consumers’  Grievances: Himachal Pradesh High Court

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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. 

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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     

Download Judgment

Juris Hour Team
Juris Hour Team
Juris Hour is an online news portal for reporting accurate and honest news, articles, judgments, Circulars, orders and notifications related to legal developments. We use the tagline ‘Proficiency At Your Doorstep’. Our mission is to simplify and communicate various legal developments in various spheres like civil, criminal, taxation, etc. and make people aware of their rights and duties in order to empower them to contribute in nation-building. Juris Hour is a team of young professionals turned legal journalists who are guided by the values enshrined in the Preamble of the Constitution of India and want to create more legal awareness in society by acting as a tool to aid legal reforms by offering a space for constructive criticism of the judiciary.

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