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SAMEER JAIN
Jaipur Vidyut Vitran Nigam Limited Through Executive Engineer – Appellant
Versus
Rajendra Prasad Son Of Kali Charan Sharma – Respondent
ORDER :
1. As common issues are involved in both these writ petitions, with the consent of the parties, both petitions were heard together and are decided by way of this common order. SBCWP No. 352/2008 titled as JVVNL Vs. Rajendra Prasad & Anr is taken as lead file to peruse the facts.
2. Petitioners have challenged the awards dated 09.10.2007 and 14.11.2007 passed by Permanent Lok Adalat (in short “PLA”), Dholpur, in C.M. No. 107/2007 titled as ‘Rajendra Prasad Sharma Vs. Jaipur Vidyut Vitran Nigam Limited’; and award dated 01.02.2008 passed by PLA in Case No. 138/2007 titled as ‘ Sher Khan vs. Jaipur Vidyut Vitran Nigam Limited’, on the ground that the PLA had no jurisdiction to entertain an application filed under Section 22C of Legal Services Authority Act, 1987 (in short “Act of 1987”) in a case where consumer of electricity has been asked to pay for theft of electricity.
3. Learned counsel for the petitioner submits that an inspection was carried out at the premises of the petitioner on 27.09.2007 in the presence of the respondent and it was observed that the electricity meter was tampered with, and that the body seal and terminal seal was found broken. Such tampering amounted
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....
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....
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....
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.
Permanent Lok Adalat lacks jurisdiction to adjudicate disputes without mutual consent and must facilitate settlement instead of mimicking formal court proceedings.
The jurisdiction over electricity theft assessments lies with the Special Court as per the Electricity Act, not the Permanent Lok Adalat.
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....
The Permanent Lok Adalat lacks jurisdiction to adjudicate compensation claims for death or injury due to electrocution, deeming them tortious disputes requiring civil trial.
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