Orissa

Ganjam

CC/79/2018

Sri Madhav Chaudhury - Complainant(s)

Versus

The Executive Engineer - Opp.Party(s)

Mr. Kailash Chandra Mishra

16 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GANJAM,
BERHAMPUR
 
Complaint Case No. CC/79/2018
( Date of Filing : 03 Dec 2018 )
 
1. Sri Madhav Chaudhury
S/o Late Ulla Chaudhury, Bada Sahi, P.O/P.S. Gosaninuagaon, Berhampur - 3 Ganjam
...........Complainant(s)
Versus
1. The Executive Engineer
Vigilance & Enforcement Office, South Co Utility, City Circle, Bidyutpuri Colony, Berhampur, 760010, Ganjam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Karunakar Nayak PRESIDENT
 HON'BLE MR. Purna Chandra Tripathy MEMBER
 
For the Complainant:Mr. Kailash Chandra Mishra , Advocate
For the Opp. Party:
Dated : 16 Jan 2019
Final Order / Judgement

EXTRACT COPY OF ORDER DATED 16.01.2019.

 

                The complainant’s advocate is present and files hazira. Perused the complaint, office note and documents filed by the complainant. Heard the complainant’s advocate on the point of admission. After scrutiny of documents it reveals that this is a case U/S 126 of Indian Electricity Act.  Hon’ble Apex Court has settled the legal position in the case of U.P. Power Corporation ltd. and other versus Anis Ahmed, reported in 2013 (3) CLT 227 (SC), it has been very specifically laid down by the Hon’ble Apex Court that a complaint against made by assessing officer U/S 126 or offence committed U/S 135 to 140 of I.E. Act, 2003 is not maintainable before Consumer Forum.

            In view of the aforesaid citation of the Hon’ble Apex Court the complaint petition of the complainant stands rejected.

 
 
[HON'BLE MR. Karunakar Nayak]
PRESIDENT
 
[HON'BLE MR. Purna Chandra Tripathy]
MEMBER

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