Executive Engineer (Electrical) vs Sakuntala Behera And Ors
2023 Latest Caselaw 6098 Ori

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                           W.P.(C) No.1704 of 2020

                                Executive Engineer (Electrical),       ....            Petitioner
                                SOUTHCO Utility,
                                Paralakhemundi Eletrical
                                Division and Anr.
                                                                            Mr. S.C. Dash, Adv.

                                                          -versus-

                                Sakuntala Behera and Ors.             ....     Opposite Parties
                                                                      Mr. Sidharth Swain, Adv.
                                                                                    (for O.P.1)



                                         CORAM:
                                         DR. JUSTICE S.K. PANIGRAHI

                Order                                     ORDER
                No.                                      16.05.2023

06. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Parties.

3. The Petitioners, in this Writ Petition, have made a

prayer to quash the proceeding in C.C. Case No.16 of

2018 as well as the ex parte order dated 17.05.2019 under

Annexure-3 including the Execution Proceeding vide E.A.

No.7 of 2019 under Annexure-5 issued by the District

Consumer Disputes Redressal Forum, Gajapati,

Paralakhemundi. They further prayed to quash the order

dated 16.09.2019 passed in Misc. Case No.553 of 2019

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:20:28 // 2 //

(arising out of F.A. No.190/2019) so far payment of cost of

Rs.10,000/- for condoning the delay of 26 days in filing

the appeal.

4. Learned counsel for the Petitioners submits that since

the dispute relates to electricity dues, the consumer case

is not maintainable to be adjudicated before the

Consumer Forum in view of judgments of the apex Court

in U.P. Power Corporation Ltd. v. Anis Ahmad1;

Maharashtra State Electricity Distribution Co. Ltd. v.

Lloyd Steel Industries Ltd.2 and Jharkhand State

Electricity Board v. Anwar Ali3. He further submits that

Section 42(5) of the Electricity Act, 2003 has prescribed for

a forum for redressal of grievances of the consumers. But,

the Opposite Party No.1/ complainant instead of doing so

he had approached the District Consumer Disputes

Redressal Forum, Gajapati, Paralakhemundi and the said

forum without having jurisdiction passed the impugned

order.

5. In such view of the matter, this Writ Petition is

allowed. The order dated 17.05.2019 under Annexure-3

AIR 2013 SC 2766

2008 SC 1042

AIR 2008 SC 164

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:20:28 // 3 //

including the Execution Proceeding vide E.A. No.7 of

2019 under Annexure-5 issued by the District Consumer

Disputes Redressal Forum, Gajapati, Paralakhemundi are

quashed. Consequently, the order dated 16.09.2019

passed in Misc. Case No.553 of 2019 (arising out of F.A.

No.190/2019) by the State Consumer Disputes Redressal

Commission, Odisha, Cuttack is also quashed. The

Opposite Party No.1/ complainant is directed to approach

the grievance redressal forum as per Section 42(5) of the

Electricity Act, 2003.

6. Accordingly, this Writ Petition is disposed of.

( Dr. S.K. Panigrahi) Judge

B.Jhankar

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:20:28