BSES RAJDHANI POWER LTD Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS petition gives rise to the question whether Section 42 sub-Section (5) and (6) of Electricity Act, 2003 exclude the jurisdiction of Civil court and a consumer has necessarily to resort to the machinery as provided under this provision of the Act and cannot file a civil suit.

(2.) THE petitioner's contention is that Section 42 (5) and (6) of electricity Act, 2003 read with Section 145 Electricity Act, 2003 take away the jurisdiction of Civil Court.

(3.) SECTION 42 (5) and (6) of Electricity Act, 2003 read as under :