Dismissed

Nallamuthammal v. the Assistant Engineer

Madras HC10 Feb 2021WP(MD)/5662/2011

Case brief

AI extract

What is this about?

Petitioner challenged a demand served due to disputed meter readings under Article 226. Court held petitioner should approach Consumer Grievance Redressal Forum and directed respondent to keep demand in abeyance pending consumer petition.

What did the court decide?

Petitioner permitted to file petition before jurisdictional Consumer Grievance Redressal Forum within four weeks; impugned demand kept in abeyance pending such filing.

Nallamuthammal Vs the Assistant Engineer — Consumer Protection | Madras HC (2021)

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W.P.(MD)No.5662 of 2011 and

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.02.2021

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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Nallamuthammal

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Vs.

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The Assistant Engineer, Tamil Nadu Electricity Board, Karaikudi (Town/North),

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Karaikudi, Sivagangai District. ... Respondent

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order made in Ka.No.Vu.Mi.Po/Na/Va/Karai/Ko.1/Va.me/Mi.E/A.No. dated 11.04.2011 on the file of the respondent and quash the same.

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For Petitioner : Mr.V.Kannan

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For Respondent : Mrs.M.Parameshwari,

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O R D E R

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Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent.

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The writ petitioner is running a hotel. The stand of the respondent is that the meter installed in the petitioner's premises was defective and that it did not display the correct reading. Therefore, the impugned demand came to be served on the petitioner. Questioning the same, this writ petition has been filed.

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I am of the view that the petitioner can as well avail remedy before the Consumer Grievance Redressal Forum.

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Therefore, I dispose of the writ petition by permitting the petitioner to file a petition before the jurisdictional Consumer Grievance Redressal Forum. If such a petition is filed within a https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.5662 of 2011 and

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period of four weeks from the date of receipt of a copy of this order, the said Forum will entertain the same without reference to limitation and any other issue with regard to maintainability.

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The petitioner contended that Regulation 11 of Tamil Nadu Electricity Supply Code, 2004 has been breached in the instant case.

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I therefore direct the respondent to keep the impugned demand in abeyance till the petition to be filed by the petitioner herein before the Forum. If the petitioner fails to file such a petition within the aforesaid period, this order now passed by this Court would stand vacated. All the contentions of the petitioner are left open. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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PMU

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Assistant Engineer, Tamil Nadu Electricity Board, Karaikudi (Town/North), Karaikudi, Sivagangai District.

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KUN(CO) SRS (08/03/2021) 2P : 2C

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https://hcservices.ecourts.gov.in/hcservices/

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Nallamuthammal v. the Assistant Engineer

Case brief

What is this about?

What did the court decide?

Nallamuthammal v. the Assistant Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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