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1 - 10 of 10 (0.86 seconds)Section 42 in The Electricity Act, 2003 [Entire Act]
Suresh Jindal vs Bses Rajdhani Power Limited & Ors on 11 October, 2007
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been left to the said forum. This question has already been
considered and decided by a Division Bench of the Delhi High
Court in Suresh Jindal v. BSES Rajdhani Power Ltd. [(2006)
132 DLT 339 (DB)] and Dheeraj Singh v. BSES Yamuna
Power Ltd. [Ed. : (2006) 127 DLT 525 (DB)] and we approve
of these decisions. It has been held in these decisions that the
forum and ombudsman have power to grant interim orders.
Thus a complete machinery has been provided in Sections
42(5) and 42(6) for redressal of grievances of individual
consumers. Hence wherever a forum/ombudsman have been
created the consumers can only resort to these bodies for
redressal of their grievances. Therefore, not much is
required to be discussed on this issue. As the aforesaid two
decisions correctly lay down the law when an individual
consumer has a grievance he can approach the forum
created under sub-section (5) of Section 42 of the Act.
M/S Radha Krishan Industries vs The State Of Himachal Pradesh on 20 April, 2021
12. The aforesaid position of law has been settled by the Supreme
Court in a series of judicial pronouncements. The decision of the
Supreme Court in the case of M/S Radha Krishan Industries v. The
State Of Himachal Pradesh vividly encapsulates the aforesaid position
and the relevant extract of the said decision is culled out as under:-
Maharashtra Electricity Regulatory ... vs Reliance Energy Ltd. & Ors on 14 August, 2007
The
relevant paragraphs of the decision in Reliance Energy (supra) are
extracted as under:-
Mr. Dheeraj Singh vs Bses Yamuna Power Limited on 18 November, 2005
While affirming the decision
passed by this Court in Suresh Jindal v. BSES Rajdhani Power Ltd.
&Ors. and Dheeraj Singh v. BSES Yamuna Power Ltd., wherein, it
was held that the CGRF and the Ombudsman has the authority to pass
an interim order as well, the Supreme Court further held that Sections
42(5) and 42(6) provide a complete machinery for redressal of
grievances of the consumers. The Supreme Court in the said case
remitted the matter back to the CGRF for adjudication on merits.
Section 9 in The Electricity Act, 2003 [Entire Act]
Section 86 in The Electricity Act, 2003 [Entire Act]
Ram Kishan & Another vs D.H.B.V.N.L. And Others on 27 August, 2010
14. Notably, the decision of this Court in the cases of Abhijit Anand
v. Chairman Delhi Electricity Regulatory Commission and Ashok
Yadav v. BSES Rajdhani Power Limited also aid to the similar
position of law as has been rendered in the case of Ram Kishan
(supra).
Ashok Yadav vs Bses Rajdhani Power Limited & Anr on 21 September, 2023
14. Notably, the decision of this Court in the cases of Abhijit Anand
v. Chairman Delhi Electricity Regulatory Commission and Ashok
Yadav v. BSES Rajdhani Power Limited also aid to the similar
position of law as has been rendered in the case of Ram Kishan
(supra).
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