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3) Learned counsel for the petitioner submits that the judgment passed by the permanent Lok Adalat is without jurisdiction and the order of the provisional assessment was passed in accordance with Section 126(2) of the Electricity Act, 2003 and order of final assessment was passed as per the provisions of Section 127 of the Electricity Act, 2003, therefore, the respondent has remedy to prefer appeal before the appellate authority within 30 days.

4) Learned counsel for the respondent has not filed return to the petition, but Ms. Sameeksha Gupta submits that the order passed by the learned Permanent Lok Adalat is well within its jurisdiction, the petitioner company has not complied with the provisions enumerated in Section 126 and 127 of the Electricity Act 2003, there was no excess load and no opportunity of hearing was afforded to the respondent before passing the final assessment order. She would rely upon the judgment of the Patna High Court rendered in Meena Choudhary and another Vs. Dr. Dilip Choudhary and others Civil Writ Jurisdiction Case No.14426 of 2009 decided on 6-11-2009.

"34. In view of the above discussion this court is of the opinion that :

........d. Fourthly, since the statute provides the mechanism to address the dispute at hand under the scheme of section 126 and 127 of the Electricity Act, a Lok Adalat could not have entered upon any form of adjudication of the dispute and could not have granted interim relief."

12) On the other hand, learned counsel for the respondent has relied upon Meena Choudhary (supra), wherein it was observed that powers of Lok Adalat are not co-extensive with that of civil courts that have full power to take evidence including oral evidence and also to exercise necessary powers under Section 151 of the Code of Civil Procedure. The person will be entitled to invoke plenary jurisdiction of civil court to claim necessary relief on the ground of fraud or other grounds available to the petitioner.

15) From bare perusal of the provisions given in Section 126 of the Electricity Act, it appears that the consumer has to be served with the notice inviting him to file objection, if any, within stipulated time in terms of Section 126(3). If excess load of consumption is found, assessing officer is required to pass the final order within 30 days from the date of service of such notice of provisional assessment. If the consumer fails to pay the provisional assessment amount as required under Section 126(4) and files an objection under Section 126(3), then after affording opportunity to the consumer, the assessing officer shall assess the amount and pass the order of fine in terms of Section 126(5) of the Electricity Act. Section 126(6) contemplates that the assessment under this Section shall be made at a rate equal to twice the tariff rates applicable for the relevant category of services. After passing of the final assessment order, the consumer has to pay such charges or he may prefer appeal under Section 127 of the Electricity Act, 2003. The appeal under Section 127 would lie only against the final order passed under Section 126 within 30 days.

16) The Hon'ble Supreme Court has held that provisions of Sections 126 and 127 of the 2003 Act read together constitute a complete code in themselves covering all relevant considerations for passing of an order of assessment. The Hon'ble Supreme Court in the case of Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and another Vs. Sri Seetaram Rice Mill, (2012) 2 SCC 108, while dealing with the provisions of Section 126 and 127 of the Electricity Act, 2003 held thus :-