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Judgment
Sanjay Kumar Dwivedi, J
The prayer in the writ petition is made for giving effect to the order dated 30.08.2008 passed by the Electricity Ombudsman, Jharkhand, passed in Case No.EOJ/17/2008, whereby the appeal preferred by the JSEB through its Chairman was dismissed, affirming the order of Vidyut Upbhokta Shikayat Niwaran Forum dated 22.4.2008 whereby courts below has held that JSEB cannot charge on the basis of 100% of the maximum demand but on the basis of the actual consumption consumed by the consumer.
Mr. Mrinal Kanti Roy, the learned counsel appearing on behalf of the respondent-JUVNL submits that in the Guidelines of Establishment of Consumer Forum and Electricity Ombudsman Regulation, 2011 read with section 142 of the Electricity Act, 2003 regulation has already been made and in that view of the matter, the petitioner is having the remedy of enforcement of such order.
In view of the above, considering that the prayer in the petition is made for enforcement of the order passed by the Electricity Ombudsman and there is remedy of implementation of such order, the instant writ petition is not required to be entertained.
In view of this fact, the writ petition is disposed of with the liberty to the petitioner to approach Jharkhand State Electricity Regulatory Commission.
