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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bikramaditya Satapathy – Appellant
Versus
Managing Director/Chief Executive Officer, Tpwodl – Respondent
| Table of Content |
|---|
| 1. facts surrounding the unauthorized power consumption case. (Para 1 , 2 , 3) |
| 2. arguments on natural justice and review process rights. (Para 4 , 5) |
| 3. court's analysis of review jurisdiction limitations. (Para 6 , 7 , 9 , 10 , 12) |
| 4. jurisdiction limits for consumer disputes under electricity act. (Para 8 , 11 , 13) |
| 5. dismissing the review petition and directing appellate relief. (Para 14 , 15 , 16) |
JUDGMENT :
2. The Opposite Parties had filed W.P.(C) No.12899 of 2024, challenging the order dated 27.02.2024, passed by the District Consumer Dispute Redressal Commissioner, Sambalpur in C.C. Case No.189 of 2023.
3. The brief facts of the case are as follows:
(ii) Pursuant to this, the Assessing Officer, exercising powers under Section 126 (2) of the Electricity Act, 2003, issued a provisional assessment order on 13.05.2022, inviting objections. The Petitioner subsequently filed his objection.
(iv) The Review Petitioner, admitting his guilt of unauthorized power consumption, furnished an undertaking before the Assessing Officer, committing not to engage in unauthorized consumption or theft of power in the future. Consequently, he was allowed to pay the assessed amount in in
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....
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 main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
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