- (1.) Learned counsel appearing for the petitioner submitted that the respondents have issued the electricity consumption bills for the months of April, May and October 2008 without any basis and the impugned bills have been issued for the said period, for which, the meter of the electricity was not properly functioning. It is also submitted by learned counsel for the petitioner that a letter was written in the month of November 2005 to the respondents that the meter is not properly functioning and it requires to be changed. Despite this letter, no action was initiated by the respondents and ultimately, the meter was replaced by the new meter on 26th August, 2007 and the bills, which have been issued for the intervening period from November 2005 onwards is having no basis at all. It is also submitted by learned counsel for the petitioner that there are several decisions rendered by this Court that whenever meter is found defective and it is replaced later on, on the basis of the average consumption of the earlier meter and when it was working properly, should be calculated on the basis of the average of three months of a new meter bills, should be considered by the respondents. None of the methods have been followed by the respondents, therefore, the impugned bills for the months of April, May and October 2008 deserve to be quashed and set aside.
(2.) I have heard learned counsel for the respondent-J.S.E.B., who has submitted that the petitioner is not remedy-less and the efficacious alternative remedy is available to the petitioner under sub-Section 5 of Section 42 of the Electricity Act, 2003 (hereinafter to be referred to as the Act, 2003). In pursuance of the aforesaid sub-Section 5 of Section 42 of the Act, 2003, a Forum/Committee has been constituted and before the Forum/Committee, which is known as "V.U.S.N.F.", the petitioner can ventilate his grievances and not only this, but, the said order based under sub-Section 5 of Section 42 of the Act, 2003 is also appellable under sub- Section 6 of Section 42 of the Act, 2003. Thus, under the provisions of the Act, 2003, there is also inbuilt mechanism of the appeal and, therefore, let the petitioner may approach the said Forum/Committee under sub-Section 5 of Section 42 of the Act, 2003 and, thereafter, under sub-Section 6 of Section 42 of the Act, 2003 so that the grievances ventilated in this petition can be brought to an end, thereafter, it is always open with the petitioner to approach this Court in case of further or left out grievances.
(3.) In view of the aforesaid submissions and looking to the sub-Section 5 of Section 42 of the Act, 2003, it appears that the petitioner is not remedy-less. The electricity bills, which are challenged before this Court for the months of April, May and October 2008 can always be very well challenged before a Forum/Committee, constituted under sub-Section 5 of Section 42 of the Act, 2003. Moreover, if the petitioner is aggrieved by the order passed under sub-Section 5 of Section 42 of the Act, 2003, then appeal is also provided under sub-Section 6 of Section 42 of the Act, 2003. Thus, efficacious alternative remedy is available to the petitioner. Hence, I hereby permit the petitioner to prefer necessary application or objection under sub-Section 5 of Section 42 of the Act, 2003 before the Forum/Committee constituted thereunder and I hereby also direct the said Forum/Committee, which is known as "V.U.S.N.F." to hear the petitioner or to his representative and decide the said application/objection against the bills for the months of April, May and October 2008, in accordance with law, rules, regulations, policy and Government enforceable orders and if the petitioner is aggrieved by the order under sub-Section 5 of Section 42 of the Act, 2003, still there is provision of appeal under sub- Section 6 of Section 42 of the Act, 2003 thereof. If the application/objection is preferred under sub-Section 5 of Section 42 of the Act, 2003, the same will be decided as expeditiously as possible and practicable by the said Forum/Committee, which is known as "V.U.S.N.F.".;