Indian Kanoon - Search engine for Indian Law

State Consumer Disputes Redressal Commission

Nirbhai Dass C/O Dera Udasi Mahant ... vs Punjab State Power Corporation Limited on 20 September, 2013

                                          FIRST ADDITIONAL BENCH

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
     SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.


                        First Appeal No. 1788 of 2011

                                     Date of Institution:    06.12.2011
                                     Date of Decision:       20.09.2013.


Nirbhai Dass c/o Dera Udasi Mahant Village Changli through its Manager
Karta Ram son of Chanan Ram, resident of village Changli, Tehsil Dhuri,
District Sangrur Attorney of Dera Changli.

                                                              .....Appellant.
                        Versus

1.    Punjab State Power Corporation Limited, through its Managing
      Director, The Mall, Patiala.

2.    AEE, Punjab State Power Corporation Limited, Sub Division Sherpur
      II, Sangrur.

                                                            ......Respondents.

                              First Appeal against the order dated
                              03.10.2011 of the District Consumer
                              Disputes Redressal Forum, Sangrur.
Before:-

            Shri Inderjit Kaushik, Presiding Judicial Member.

Shri Vinod Kumar Gupta, Member.

...................................

Present:- Sh. Kulwinder Singh, Advocate for Sh. Sanjeev Goyal, Advocate, counsel for the appellant.

None for the respondents.

---------------------------------------- INDERJIT KAUSHIK, PRESIDING JUDICIAL MEMBER:-

Sh. Nirbhai Dass, appellant/complainant (In short "the appellant") has filed this appeal against the order dated 03.10.2011 passed by the learned District Consumer Disputes Redressal Forum, Sangrur (in short "the District Forum"), vide which the complaint filed by the appellant was dismissed.

2. As per the pleadings/allegations of the respondents/opposite parties, the subject matter of this case is covered U/s 126 of the Electricity Act, 2003.

3. The Hon'ble Supreme Court in Civil Appeal No.5466 of 2012 (arising out of SLP (C) No.35906 of 2011) titled as "U.P. Power Corporation Limited & Ors. Vs Anis Ahmad", decided on 1st July, 2013, dealt with the complaints filed against the assessment made U/s 126 of the Electricity Act, 2003 or any action taken U/s 135 to 140 of the said Act and after detailed discussion, held as follows:-

"A complaint against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003, is not maintainable before a Consumer Forum".

4. Since the subject matter of this case is covered U/s 126 of the Electricity Act, 2003 and, as such, in view of the law laid down by the Hon'ble Supreme Court, the appeal as well as the complaint filed by the appellant/complainant is not maintainable, as the District Forum had no jurisdiction to deal with the subject matter covered u/s 126 of the Electricity Act, 2003.

5. Accordingly, the appeal filed by the appellant is dismissed. The District Forum has dismissed the complaint on merits, but as stated above, in view of the law laid down by the Hon'ble Supreme Court in the above case, the District Forum had no jurisdiction to deal with the complaint filed by the appellant/complainant and, as such, the impugned order under appeal dated 03.10.2011 passed by the District Forum, dismissing the complaint, is set aside.

6. If the appellant/complainant has deposited any amount at the time of filing the complaint with the PSEB (now PSPCL) by the orders of the District Forum, or with the orders of this Commission after filing the appeal, then the same shall be adjusted towards the demanded amount or may be considered as part of deposit, if the appellant/complainant moves the appropriate authority under the Electricity Act, 2003. In case, the appellant/complainant has deposited any amount with this Commission in the appeal, then the same along with interest accrued thereon if any shall be refunded to the appellant/complainant by the registry by way of a crossed cheque/demand draft after the expiry of 45 days.

7. The record of the District Forum, complete in all respects, be sent back to the District Forum immediately. The District Forum is directed to procure the presence of the appellant/complainant and then shall return the complaint to him for presenting it before the appropriate authority, if so advised.

8. The period spent while pursuing the complaint as well as this appeal shall be excluded for the purpose of limitation.

9. Copy of the order be sent to the parties free of costs.

(Inderjit Kaushik) Presiding Judicial Member (Vinod Kumar Gupta) Member September 20, 2013.

Kalyan First Appeal No. 1788 of 2011 4 First Appeal No. 1788 of 2011 5