Quashed

Superintending Engineer Electrical v. Dist.Consumer Dispute Redressal Forum,Boudh

Orissa HC11 Apr 2018WP(C)/24478/2017

Case brief

AI extract

What is this about?

Citizens' Consumer Court challenged a District Forum order quashing a penalty of Rs.69,970/- imposed by petitioners under the Electricity Act. Citing a prior Writ Court judgment, the bench held the complaint not maintainable and quashed the Forum order as without jurisdiction.

What did the court decide?

The order of the District Consumer Dispute Redressal Forum, Boudh, is quashed as it is without jurisdiction.

Superintending Engineer Electrical Vs Dist.Consumer… — Consumer Protection | Orissa HC (2018)

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W.P.(C) No.24478 of 2017

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11.04.2018

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Heard learned counsel for the petitioners and learned counsel for opposite party no.2.

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Challenge has been made to the order passed by the District Consumer Dispute Redressal Forum, Boudh (in short ”District Forum”) vide Annexure-1, wherein the District Forum has directed to quash the order of final assessment of amount Rs.67,970/- passed by the present petitioners against the complainant, although the present petitioners have exercised the jurisdiction under the Electricity Act. According to him, the issue in question is already covered by the order of this Court passed in W.P.(C) No.17245 of 2016; Executive Engineer, SOUTHCO, Electrical Circle, Rayagada and another-v-District Consumer Dispute Redressal Forum, Rayagada and another .

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Learned counsel for the opposite party No.2 fairly submits that the District Forum has approached the opposite party No.2 against the order passed by the petitioners under Section 126 of the Electricity Act by imposing penalty amounting to Rs.69,970/-. As the petitioners have made excessive amount of penalty without hearing of the complainant, the order of the District Forum is correct and legal.

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Considered the submissions of the learned counsel for the respective parties. The issue in question is only whether the District Forum can pass the order against the order passed by the petitioners under Section 126 of the Electricity Act. This issue has been discussed and answered by the order of this Court passed in the aforesaid case.

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In view of the judgment passed by this Court also the present complaint before the District Forum is not maintainable. On the other hand, the impugned order passed by the District

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Consumer Dispute Redressal Forum, Boudh, being without jurisdiction, is hereby quashed.

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The writ petition is disposed of accordingly.

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Urgent certified copy of this order be granted on proper application.

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Dr.D.P.Choudhury, J.

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