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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Executive Engineer (Electrical), Vigilance and Enforcement Cell, City Circle (TPSODL), Berhampur – Appellant
Versus
Prakash Chandra Mahapatra – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2) |
| 2. petitioner's argument on jurisdiction of dcdrc (Para 3) |
| 3. opposite party's argument on alternative remedies (Para 4) |
| 4. court's reasoning on jurisdictional issues (Para 5 , 6) |
| 5. legal provisions on jurisdiction in electricity disputes (Para 7 , 8 , 9 , 10) |
| 6. encouragement for proper forum engagement (Para 11 , 12) |
| 7. conclusion directing appropriate forum usage (Para 13 , 14) |
JUDGMENT :
1. In this Writ Petition, the Petitioner requests for a directive from this Court to quash the proceedings before DCDRC, Ganjam and for all DCDRCs in Odisha to refrain from entertaining complaints related to electricity billing disputes and assessments under the Electricity Act, 2003.
2. The brief facts of the case are as follows:
(ii) A technician from the petitioner found the meter in the premises of opposite party no. 1 running 80% slow due to technical issues. Opposite party no. 1 paid the assessed amount for the meter’s slow running on 04.03.2016 and the company was directed to replace the meter.
(iv) Consequently, on 30.06.2023, the petitioner issued a provisional order under Section 126 of the Electricity Act, 2003, demanding Rs.60,810
Consumer Forums lack jurisdiction to adjudicate electricity billing disputes under the Electricity Act, as such matters must be addressed through designated authorities and established statutory reme....
The consumer forum lacks jurisdiction over unauthorized electricity assessments, which must be contested under Section 127 of the Electricity Act, 2003, with proper adherence to natural justice princ....
The court ruled that victims of electrical accidents can approach Consumer Fora under the Consumer Protection Act, 2019, despite the existence of a grievance mechanism under the Electricity Act, 2003....
The central legal point established is that the jurisdiction of the Civil Court is not barred under the Electricity Act 2003, and a consumer has the right to seek redressal from the Civil Court even ....
Electricity bill dispute—Consumer Forum cannot quash bill without giving any definite findings on whether demand made by Company was wrong.
Jurisdiction – Consumer forums lack jurisdiction to entertain complaints specifically challenging the final “assessment” of electricity bills under the Electricity Act, 2003, as such disputes do not ....
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