M.B.SHAH, RAJYALAKSHMI RAO, R.C.JAIN
JHARKHAND STATE ELECTRICITY BOARD – Appellant
Versus
ANWAR ALI – Respondent
ORDER
M.B. Shah, President - The question which requires consideration is: whether Consumer Fora have jurisdiction to deal with the grievances of the consumer of electricity, in case of deficiency in service by the electricity supplier, after enactment of the Electricity Act 2003
2. This question is required to be decided pursuant to the directions dated 9.10.2007 issued by the Apex Court in Civil Appeal No. 4734/2007 wherein, the Court observed as under:
"However, the question which arises for determination and which has not been decided is: whether the beneficial consumer jurisdiction extends to determination of tortuous acts and liability arising therefrom by the Consumer Forum. In this connection, it is urged on behalf of the Nigam that assessment of the duty for unauthorised use of electricity, tampering of meters, distribution of meters and calibration of electric current are matters of technical nature which cannot be decided by the Consumer Forum. It is urged that under the Electricity Act, 2003 the jurisdiction of the Civil Court is excluded. In this connection reliance was placed on Section 145 of the said 2003 Act under which the jurisdiction of the Civil Court to entertai
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