S.D.O. Electricity Vs. B.S. Lobana On 08 April, 2005

Open iDraf

S.d.o. Electricity v. B.s. Lobana

S.d.o. Electricity
v.
B.s. Lobana

(Supreme Court Of India)

Civil Appeal No. 2491 Of 2005 | 08-04-2005

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”) 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 thein accordance with law.

5. No costs.

Advocates List

For the Appearing Parties ------

Bench List

HON'BLE MR. JUSTICE B.N. AGRAWAL

HON'BLE MR. JUSTICE P.K. BALASUBRAMANYAN

Eq Citation

(2005) 6 SCC 280

LQ/SC/2005/471

HeadNote

CONSUMER PROTECTION — ELECTRICITY — Forum/Tribunal/Court — Proper forum — Complaint filed before District Forum instead of Electrical Inspector — Dismissed — Held, instead of moving the District Forum, the respondent should have moved an application under S. 26(6) of the Electricity Act, 1910 for referring the matter to the Electrical Inspector — Appeal allowed, impugned orders set aside and complaint filed by respondent dismissed, granting liberty to him to file an application under S. 26(6) of the Electricity Act, 1910 in accordance with law — Electricity Act, 1910 — S. 26(6) — Forums/Tribunals/Courts — Proper forum