DATE OF DISPOSAL: 04.01.2024
EXTRACT COPY OF ORDER DATED 04.01.2024
case is posted today for checking. The office is checked and found no defects in the case fillings.
We heard on the point of admissibility and maintainability of the complaint in the Dist. Commission today from the complainant. On perusal of the case record, it is found that, fact of the case is already adjudicated under Sec. 126 of the Electricity Act, 2003 before the Assessing Officer and passed order accordingly. Further, the complainant admitted that, an FIR also lodged against him under Sec. 135 of Electricity Act, 2003 also.
In view of the judgment in U.P.Power Corporation v. Anis Ahmed & Ors.,
SC of India CIVIL APPEAL NO. 5466 OF 2012 (arising out of SLP(C)No.35906 of 2011), the Dist. Commission has no jurisdiction to admit the case. Hence the complaint of the Complainant is rejected summarily.
The complainant is at liberty to file his complaint before any any other Commission/Court having competent jurisdiction for redressal of his grievance and he may avail the benefits under Sec. 14 of the Limitation Act, 1963 in the interest of the justice.
The case is disposed of accordingly.
