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2011 Supreme(Guj) 364

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
Manoramaben Kansara – Appellant
Versus
Madhya Gujarat Vij Company Limited – Respondent


Advocates appeared:
Mitul K. Shelat, Sandip C.Shah, Kamal Trivedi, Lilu K. Bhaya, Premal Joshi, Harshit S. Tolia

JUDGMENT

S.J. MUKHOPADHAYA, J.

1. IN these appeals, as common question of law is involved and common judgment dated 13.5.2010 passed by the learned Single Judge is under challenge, they were heard together and disposed of by this common judgment.

2. THE only question involved in these cases is whether the Consumer Disputes Redressal Forum has jurisdiction to entertain the complaint filed by the consumer against the bill raised under Section 126 of the Electricity Act, 2003 or against the action taken under Section 135 of the Electricity Act, 2003.

The learned Single Judge by the impugned common judgment held that -

(i) the consumer forum has no jurisdiction to entertain the complaint in respect of the matters pertaining to supply of electricity against the Electricity Companies.

(ii) once the consumers are indulged in theft of electricity and for that theft bills under Section 135 of the Electricity Act, 2003 have been issued, the consumer forum has no jurisdiction to entertain the complaints filed by the consumers nor such forum can pass any interim order directing the Electricity Company to grant electricity connection.

(iii) Once the Electricity Company issues bill under Section






































































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