BSES (Y) POWER LTD Vs. NEERAJ KUMAR

JUDGEMENT

(1.) WHILE disposing of a batch of large number of CM (M)/writ petitions bearing Nos. 819, 1022, 1197, 1305, 1540, 1565, 1567, 1588, 1616, 1627, 1629, 1630, 1631, 1632, 1633 and 1634/2006 filed by BSES challenging various orders passed by this Commission involving theft of electricity or dishonest abstraction of energy (DAE) as contemplated under Section 135 of the Electricity Act, 2003, the Delhi High Court has passed the following order, which is dated 8.11.2006:

(2.) AS is apparent, the High Court was of the view that the Consumer Forum do not exercise jurisdiction till the legal proposition propounded by a Single Judge of the High Court in Delhi Vidyut Board v. Devinder Singh,2006 130 DLT 156, is a good law.

(3.) IN Delhi Vidyut Board v. Devinder Singh , the Delhi High Court held that issue of theft/DAE does not fall in any of the sub -clauses of Sub -section (c) of Section 2 of the Consumer Protection Act, 1986, defining the word "complainant" and as such no consumer dispute lies under the Consumer Protection Act, 1986 before any Forum or the State or National Commission created under the Consumer Protection Act, 1986.