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Showing contexts for: electricity act 127 in Wbsedcl vs Elahibox Mandal & Others on 10 March, 2010Matching Fragments
This Revision Application has been filed against the said impugned orders dt. 8.12.09 and 15.12.09 on the ground that firstly, there is no provision for passing any interim order where the complainants had failed to take recourse to action U/S 126 and 127 of Electricity Act, 2003, as amended, and also that the said orders were passed without any application of judicial mind, which were beyond the provisions of law. Accordingly, the Revision Applicant prayed for setting aside of the said impugned orders and for passing orders as deemed necessary.
(iv) Section 145 of the Electricity Act specifically bars the jurisdiction of the Civil Court to entertain any suit or proceedings in respect of any matter which an assessing officer referred to in Section 126 or an Appellate Authority referred to in Section 127 of the Electricity Act or the Adjudicating Officer appointed under the Electricity Act, is empowered to determine.
Second part of Section 145 provides that no injunction shall be granted by any Court or Authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act. For this purpose, if we refer to Sections 173 and 174 and apply the principle laid down thereunder, it would mean that qua the Consumer Fora there is inconsistency and, therefore, other authority would not include Consumer Fora.
Against the Assessment Order passed under Section 126 of the Electricity Act, a consumer has option either to file Appeal under Section 127 of the Electricity Act or to approach the Consumer Fora by filing complaint. He has to select either of the remedy.
However, before entertaining the complaint, the Consumer Fora would direct the Consumer to deposit an amount equal to one-third of the assessed amount with the licensee [similar to Section 127(2) of the Electricity Act].
(vi) Consumer Fora have no jurisdiction to interfere with the initiation of criminal proceedings or the final order passed by any Special Court constituted under Sec. 153 or the civil liability determined under Section 154 of the Electricity Act.