Madhukar Karwa vs The Electricity Ombudsman And 3 ...
2021 Latest Caselaw 2439 Gua

                                                                  Page No.# 1/3

GAHC010162962021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/5356/2021

         MADHUKAR KARWA
         S/O LATE DHARAM CHAND KARWA,
         RESIDENT OF RNC PATH, DIBRUGARH TOWN, PO , PS AND DIST
         DIBRUGARH, ASSAM, 786001


         VERSUS

         THE ELECTRICITY OMBUDSMAN AND 3 ORS
         C/O ASSAM ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY
         ITS SECRETARY, ASEB CAMPUS DWARANDHAR, G.S ROAD, SIXTH MILE,
         GUWAHATI 781022

         2:THE CHAIRMAN
          CONSUMER GRIEVANCE REDRESSAL FORUM APDCL
          DIBRUGARH ZONE
          DIBRUGARH
         ASSAM
          786001

         3:THE GENERAL MANAGER

          DIBRUGARH ZONE

         O/O THE GENERAL MANAGER
         APDCL (UAR) DIBRUGARH
         ASSAM
         786001

         4:THE SUB DIVISIONAL ENGINEER

         DIBRUGARH ELECTRICAL SUB DIVISION III
         APDCL (UAR) DIBRUGARH
         ASSAM
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             78600

Advocate for the Petitioner   : MR. B BARUAH

Advocate for the Respondent : SC, APDCL

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

06.10.2021

Heard Mr. B. Baruah, learned counsel appearing for the petitioner and Mr. H. Sarma, learned Standing Counsel, APDCL for all the respondent Nos.1 to 4.

Dispute regarding the payment of electricity bill by the petitioner was considered by the Electricity Ombudsman, Assam Electricity Regulatory Commission by the judgment and order dated 14.09.2021.

Being aggrieved with the findings of the said judgment and order dated 14.09.2021, the petitioner has preferred this writ petition.

It is placed before the Court that the authorities in the APDCL after considering the matter by communication dated 27.09.2021 directed the petitioner to deposit an amount of Rs.89,680/- within 7 (seven) days within ( i.e. on 29.09.2021) from the receipt of the said order. The said communication of the respondent APDCL issued by the Deputy Manager, Dibrugarh Electricity Sub-Division-III reflects that the petitioner is required to pay an amount of Rs.2,87,823/- in total out of which the petitioner was first directed to pay an amount of Rs.89,680/- within 7(seven) days and the remaining amount of Rs.1,98,680/- out of total amount of Rs.2,87,823/- within 15(fifteen) days from the date of receipt of the said communication dated 27.09.2021.

It is placed before the Court by Mr. B. Baruah, learned counsel for the petitioner that the petitioner on 30.09.2021, has already deposited an amount of Rs.89,000/- with the respondent APDCL.

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Issue notice, returnable by 17.11.2021.

As Mr. H. Sarma, learned standing Counsel, APDCL accepts notice, no formal notice need be issued to respondent Nos.1 to 4.

The petitioner shall serve requisite extra copies of this petition along with the annexures appended thereto to Mr. H. Sarma, learned standing Counsel, APDCL by tomorrow (i.e. 07.10.2021), for his necessary use.

After considering the matter, the petitioner is directed to deposit 50% of Rs.2,87,823/-. In addition to the above, petitioner shall pay regular/current electricity bill with the respondent APDCL noted above on or before 11.10.2021 with the respondent APDCL.

In the event of depositing 50% of said Rs,2,87,823/- and on payment of regular/current electricity bill by the petitioner as directed above, the respondent APDCL shall continue to supply electricity to the petitioner in his Consumer No.209010062880, till the returnable date (i.e. 17.11.2021).

List accordingly.

JUDGE

Comparing Assistant