H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

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FIRST APPEAL NO.228/2008.

DATE OF DECISION: 23.4.2009.

In the matter of:



Narender Kumar Gupta son of Shri Jugmander Dass Gupta, Resident of Mohalla, Haripur Bagichi, Nahan, District Sirmour, H.P.

… … Appellant.



Versus



1. The Superintending Engineer ( Operation), H.P. State Electricity Board Circle, Nahan, District Sirmour, H.P.



2. The Sub Divisional Officer, HPSEB Electrical Sub Division, Nahan, District Sirmour, H.P.



3. Shri T.N. Sharma, Junior Engineer, H.P.S.E.B. Electrical Sub Division, Nahan, presently Comlaint office, Gunnughat, Nahan.

… … Respondents.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President .

Hon’ble Mr. Chander Shekhar Sharma, Member.



Whether approved for reporting? No



For the Appellant: Mr. Ajit Jaswal, Advocate, vice

Shri Chander Shekhar Thakur, Advocate.

For the Respondents: Mr. Shashi Bhushan Singh, Advocate.

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O R D E R





Justice Arun Kumar Goel (Retd.), President (Oral).





1. A perusal of the order passed by District Forum, Sirmour, at Nahan, in Complaint No.110/2004 dated 11.6.2008 shows that it has been dismissed as the matter qua theft of electricity if decided in a summary manner then miscarriage will be caused to the effected party. District Forum below has further observed that complicated facts are involved qua theft of electricity, as such it is not expedient to dispose of this matter in summary manner. Thus, complainant has been directed to seek remedy before competent Court of law if so advised.



2. So far complicated questions of fact being involved in the

matter before Fora is concerned, the complaint cannot be dismissed on this ground alone in the face of the decision of the Hon’ble Apex Court in the case of Dr. J.J. Merchant and others V. Shrinath Chaturvedi, AIR 2002 SUPREME COURT 2931.



3. So far jurisdiction of the Fora under the Consumer Protection Act, 1986, dealing with the cases which are covered under the Electricity Act, 2003 is concerned, the matter came up before the National Commission in the case of Jharkhand State Electricity Board and another Versus Anwar Ali, 2008 CTJ 837 (CP) (NCDRC), wherein majority view is that Foras have got the jurisdiction to entertain and adjudicate upon the complaint pertaining to Electricity Act, 2003. Minority view to the contrary expressed by learned third Member of the National Commission is reported in III (2008) CPJ 322 (NC). Following the majority view, it is held that the Foras under the Consumer Protection Act, 1986, have the jurisdiction to try and entertain the matters arising out of Electricity Act, 2003.



4. District Forum below has dismissed the complaint simply on the grounds as noted in the preceding paras. Thus, while dismissing the complaint, merits of the case were not gone into. At the same time we have also not expressed any opinion so far merits of the case set out in this appeal are concerned.



In the light of the above discussion, this appeal is allowed and as a result of it, order dated 11.6.2008 passed by District Forum, Sirmour at Nahan, in Complaint No.110/2004 is quashed and set aside and the complaint is ordered to be restored to its original number and date. District Forum below is now directed to dispose of the complaint in the light of what has been said in this order and without being influenced by its earlier order, on merits on the basis of the pleadings, evidence and other material that may be produced before it by the parties. Since record is here, parties through their learned Counsel are directed to appear before the District Forum, Sirmour, at Nahan, on 15.5.2009. Office will ensure that the record is transmitted well before the date fixed.



Learned Counsel for the parties have undertaken to collect copy of this order free of cost as per Rules from the Court Secretary.

Shimla,

April 23, 2009.

( Justice Arun Kumar Goel ) (Retd.)

President



( Chander Shekhar Sharma )

/BS/ Member.