D.o.F:13/12/2012
D.o.O:5/12/2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.307/12
Dated this, the 5th day of December 2013
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Aboobacker Haji, S/o Mammunhi Haji
Kohinoor Palace, Kodiyamme, Arikady
Kasaragod. : Complainant
1. The Secretary, KSEB, : Opposite parties
Vidyuthi Bhavan, Thiruvananthapuram
2.The Asst. Engineer,KSEB,
Electrical Section, Kumbla,Koipady Village,
Kasaragod. Po.Kumbla.
(Adv.M.M.Nambiar,Kasaragod)
ORDER
SMT.P.RAMADEVI : PRESIDENT
Heard both sides an issue regarding maintainability of the complaint before this Forum. The opposite party raised such an issue in view of the decision of the Hon’ble Supreme Court in U.P.Power Corporation Ltd and others Vs. Anis Ahamad 2013 AIAR(Civil)758 wherein the Apex court hold that a complaint against assessment made by the assessing officer under Section 126 or against the offences committed under sections 136 to 140 of the Electricity Act would not be maintainable before the Consumer Forum as per the Consumer Protection Act. On the side of complainant it is submitted that he would prefer to take resort before the appropriate Forum and hence such permission to withdraw the complaint reserving the right to file it before the appropriate Forum. Hence the complaint is closed accordingly reserving the right to bring the subject matter before the appropriate Forum with the benefit of condoning the delay for the period spend before this Forum.
MEMBER MEMBER PRESIDENT
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