IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6791 of 2009 M/S PARMATMA ALLIED FEED COMPANY PVT. LTD. Versus THE BIHAR STATE ELECTRICITY BOARD & ORS. ----------- 3/ 07/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. The dispute in this writ application pertains to the power factor surcharge levied by the respondent Board upon the petitioner. Learned counsel for the petitioner submits from paragraph-4 of the terms and conditions of H.T. Tariff that the petitioner is a H.T.S.-1(11 K.V.A.) 6.6 Kilo Watt category consumer. The power factor surcharge has been specified in two different categories depending on the nature of the consumption pattern. The bills raised with regard to the power factor surcharge are contrary to the same. The petitioner represented against his bill to that extent. Without disposing his representation he was threatened with disconnection which compelled the petitioner to file this application. The petitioner has no objection to moving the Consumer Grievances Redressal Forum (hereinafter referred to as C.G.R.F.) under Section-42(5)of the Electricity Act, 2003. He submits that the relief sought is confined only to the quantum of the - 2 - bill insofar as the power factor surcharge is concerned, and that the petitioner is willing to pay all other charges as may be raised in the current bills and in future based on user. Learned counsel for the Board submits that the petitioner may avail his remedies appropriately before the C.G.R.F. The Court is satisfied that the Forum shall be a better authority to investigate into technical question of fact only whereafter the need for judicial review may or may not arise. The interim order dated 2..6.2009 is modified to the extent that the petitioner shall pay all charges in the impugned bill dated 15.5.2009 except as levied for power factor surcharge being the disputed amount. The petitioner shall continue to pay his current bills except for the power factor surcharge issue which shall abide by the decision of the C.G.R.F. Only if the petitioner files an application before the C.G.R.F. within thirty days from today, let the same be considered and disposed off by a reasoned and speaking order in accordance with law within a maximum period of two months from the date of receipt/presentation of the representation along with a copy of this order. If the petitioner does not file an - 3 - application before the C.G.R.F. within the time indicated, the claim with regard to power factor surcharge shall be deemed to have been rejected when the Board shall be at liberty to take appropriate action in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)