Case Note & Summary
The petitioner, Mr. Awadesh S. Pandey, a proprietor of Sunshine Plastic Industries, filed a writ petition challenging an order of the Electricity Ombudsman appointed under Section 42(6) of the Electricity Act, 2003. The Ombudsman had directed the petitioner to pay arrears of electricity bills to Tata Power Company Limited as a condition for reconnection of supply. The petitioner contended that the Ombudsman had no jurisdiction to direct payment of arrears and that the disconnection was illegal. The court examined the provisions of the Electricity Act, 2003, particularly Section 42(6), which provides for appointment of an Ombudsman to consider complaints of consumers. The court noted that the Ombudsman has wide powers to pass orders to resolve disputes between consumers and licensees. In this case, the Ombudsman had considered the petitioner's complaint and found that the arrears were due, and directed payment as a condition for reconnection. The court held that such direction was within the Ombudsman's jurisdiction and was not arbitrary or illegal. The court also noted that the petitioner had an alternative remedy of approaching the appropriate forum under the Act. Consequently, the writ petition was dismissed as devoid of merit.
Headnote
A) Electricity Law - Ombudsman Jurisdiction - Section 42(6) Electricity Act, 2003 - The Ombudsman appointed under Section 42(6) has the power to consider complaints and pass orders including directions for payment of arrears as a condition for reconnection - The court held that the Ombudsman's order directing the petitioner to pay arrears before reconnection was within its jurisdiction and not arbitrary (Paras 1-5).
Issue of Consideration
Whether the Electricity Ombudsman has jurisdiction to direct payment of arrears as a condition for reconnection of electricity supply, and whether the writ petition challenging such order is maintainable.
Final Decision
Writ petition dismissed. The court upheld the Ombudsman's order directing payment of arrears before reconnection.
Law Points
- Electricity Act
- 2003
- Section 42(6)
- Ombudsman jurisdiction
- arrears payment
- reconnection
- writ petition maintainability
