2005 JTR(SC) 595
2005 6 SCC 280
Supreme Court Of India
S. D. O. , ELECTRICITY
Versus
B. S. LOBANA
Decided on April 8, 2005
Act
Referred
:CONSUMER PROTECTION ACT : S.11, S.21, S.2(o), S.17
ELECTRICITY ACT : S.26(6), S.138, S.153, S.55
Electricity Act, 1910, Section 26(6) - Electricity Act, 2003, Sections 153, 138 and 55 - Consumer Protection Act, 1986, Sections 2(o), 11, 17 and 21 - Dispute regarding relating to electricity meter -Proper Forum- Held instead of moving the District Forum, the respondent should have moved an application under Section 26(6) of the Electricity Act, 1910 for referring the matter to the Electrical Inspector-The impugned orders set aside and complaint filed by the respondent dismissed- Liberty given to file application under Section 26(6) of the Act in accordance with law.( paras 3 and 4 )
Electricity Act, 1910, Section 26(6) - Electricity Act, 2003, Sections 153, 138 and 55 - Consumer Protection Act, 1986, Sections 2(o), 11, 17 and 21 - Dispute regarding relating to electricity meter -Proper Forum- Held instead of moving the District Forum, the respondent should have moved an application under Section 26(6) of the Electricity Act, 1910 for referring the matter to the Electrical Inspector-The impugned orders set aside and complaint filed by the respondent dismissed- Liberty given to file application under Section 26(6) of the Act in accordance with law.( paras 3 and 4 )
Judgment
( 1 ) HEARD learned counsel appearing on behalf of the appellant.
( 2 ) LEAVE granted.
( 3 ) THE respondent has filed written submissions. We have perused the same. In the facts and circumstances of the case, we are of the view that instead of moving the District Forum, the respondent should have moved an application under Section 26 (6) of the Electricity Act, 1910 (for short "the act") for referring the matter to the Electrical Inspector.
( 4 ) IN view of these facts, the appeal is allowed, the impugned orders are set aside and complaint filed by the respondent is dismissed, granting liberty to him to file an application under Section 26 (6) of the Act in accordance with law.
( 5 ) NO costs.