1. This petition gives rise to the question whether Section 42 sub-Section (5) and (6) of Electricity Act, 2003 exclude the jurisdiction of Civil Court and a consumer has necessarily to resort to the machinery as provided under this provision of the Act and cannot file a civil suit.

2. The petitioners contention is that Section 42 (5) & (6) of Electricity Act, 2003 read with Section 145 Electricity Act, 2003 take away the jurisdiction of Civil Court.

3. Section 42 (5) & (6) of Electricity Act, 2003 read as under : “(5) Every distribution licensee shall, within six months from the appointed date or date of grant of license, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission. (6) Any consumer, who is aggrieved by non-redressal of his grievances under sub-section (5), may make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be appointed or designated by the State Commission.”

4. Section 145 of Electricity Act, 2003 reads as under : “145. Civil Court not to have jurisdiction.- No Civil Court shall have jurisdiction to entertai

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