GAURANG KANTH Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) The appellant is aggrieved by the order of the Single Judge rejecting his petition remanding the disputes urged by him with respect to the order made by the Consumer Grievance Redressal Forum (hereafter referred to as 'CGRF') set up under Section 42(5) of the Electricity Act, 2003.

(2.) Briefly, the dispute relates to electricity connection provided by the BSES Rajdhani Power Limited (hereafter 'BSES'). The appellant urges that the CGRF does not possess the jurisdiction to issue the kind of directions that it did, i.e. to disconnect the electricity supply given to him. It is contended that the CGRF was not apprised of the pending civil dispute between the parties initially instituted before this Court but later transferred to the Saket District Courts, in which the appellant/plaintiff had secured an ex parte interim order protecting the possession in respect of the property. It was urged that the suit seeks appropriate reliefs in respect of the title to the property.

(3.) The contesting respondent (hereafter referred to as the 'complainant') urged that the appellant's title is suspect and that the Tribunal possessed parallel jurisdiction since the respondent falls within the description of a complainant and a consumer. The wrongful grant of electricity supply, it was urged, was therefore, well within the jurisdiction of the Tribunal which correctly exercised it. The appellant's articulated grievance, it was urged, was with respect to denial of natural justice, which has been accorded by the impugned order.