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EASWARAN S.
Assistant Engineer, Kerala State Electricity Board – Appellant
Versus
Managing Partner, Sarathy Auto Cars, Rajesh Somanathan, Lower Karikkom, Aippannoor Muri, Melila Village, Kottarakkara Taluk, Kollam Dist. – Respondent
JUDGMENT :
EASWARAN S., J.
The Kerala State Electricity Board (KSEB) has come up with the present writ petition, questioning the jurisdiction of the Permanent Lok Adalat in entertaining a dispute in respect of a provisional assessment of electricity charges.
2. The facts for the disposal of the present writ petition are as follows:
Respondents 1 and 2 are the consumers of the petitioner. Based on Ext.P1 site mahazar, the Assessing Officer issued a provisional bill to the tune of Rs.2,05,938/-in terms of provisions contained under Section 126 of the Electricity Act, 2003. The said provisional bill was challenged by the 1st respondent before the 3rd respondent – Permanent Lok Adalat, constituted under the provisions of the Legal Services Authorities Act, 1987, (hereinafter referred to as 'the Act' for brevity) by filing O.P.No.122 of 2014, Ext.P3.
3. According to the 1st respondent, various electrical gadgets were not connected at the time of inspection and hence, the calculation made was illegal and arbitrary. The petitioners appeared and filed their objection, contending mainly that the Permanent Lok Adalat does not have the jurisdiction to entertain Ext.P3 complaint.
4. The 3rd res
The Electricity Act, 2003 is a complete code that bars the jurisdiction of the Permanent Lok Adalat in disputes regarding provisional assessments under Section 126.
The Permanent Lok Adalat does not have jurisdiction to adjudicate disputes arising under the Electricity Act, 2003, as the Act provides a complete mechanism for grievance redressal and bars civil cou....
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
Point of Law : Permanent Lok Adalat has, , clearly fallen into an error in adjudicating dispute instituted by the applicant on it's merits, when it could not effect the conciliation/settlement betwee....
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
Permanent Lok Adalat lacks jurisdiction to adjudicate disputes without mutual consent and must facilitate settlement instead of mimicking formal court proceedings.
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