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Maharashtra Electricity Regulatory Commission Vs. Reliance Energy Ltd. ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(4), 3, 14, 16, 42, 42(5), 42(6), 45(5), 55(2), 57, 61, 62, 76, 76(1), 79, 79(1), 82, 83, 84, 85, 85(1), 86, 86(1), 86(2), 94, 96, 125, 126, 127, 128, 128(1), 128(5), 128(6), 129, 142, 143, 163 and 181; Indian Electricity Act, 1910; Electricity Supply Act, 1948; Electricity Regulatory Commissions Act, 1998 - Sections 17; Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003

Reported in : AIR2008SC976; 2007(4)AWC3662(SC); 2008(1)BomCR738; JT2007(10)SC365; 2007(10)SCALE279; (2007)8SCC381; [2007] 9 SCR 9

Civil Appeal No. 2846 of 20061. This appeal under Section 125 of the of the Electricity Act, 2003 (hereinafter for short 'the Act') is directed against the judgment and order dated 29th March, 2006 passed by … aside the orders passed by the Commission and directed that each consumer should approach the forum created under Section 42(5) of the Act for the individual grievances. 5. Aggrieved against the order dated 29.3.2006 passed by the Appellate

Shri Kishan Kumar Vs. Manager (Business), Bses Rajdhani Power Ltd. and ...

Court : Delhi

Subject : Electricity

Acts : Delhi Electricity Reforms Act, 2000 - Sections 2, 3, 3(1), 11 and 42; Electricity Act, 2003 - Sections 42(5), 42(6) and 42(7)

Reported in : 155(2008)DLT449

on 10.4.2008. Admittedly, in passing the impugned orders, the Forum was exercising powers under Section 42(5) of the Electricity Act, 2003.2. At the outset, Counsel for the respondent has taken an objection to the maintainability of the appeal itself.

Yogesh JaIn Vs. Bses Yamuna Power Ltd.

Court : Delhi

Subject : Electricity

Acts : Delhi Electricity Act, 2003 - Sections 14, 42(5), 53, 55, 56, 163, 181 and 185; Indian Electricity Act, 1910 - Sections 20, 21, 22 to 24, 26 and 26(6); Income Tax Act - Sections 26(6); Delhi Electricity Regulatory Act - Sections 14 to 16, 60 and 63; Electricity (Supply), 1948 - Sections 26 and 49; Constitution of India - Article 226; Delhi Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2003 - Regulation 9(11)

Reported in : AIR2007Delhi161; 2007(94)DRJ695

dispute involved in the petition can be referred to the Consumer Forum constituted under Section 42(5) of Delhi Electricity Act, 2003 (`Act').2. Learned Counsel for the petitioner submits that the meter installed in the premises is defective and consequently

Bses Rajdhani Power Ltd. Vs. Ashok Kumar

Court : Delhi

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 42, 42(5), 42(6), 42(7), 42(8), 126, 127 and 145

Reported in : 152(2008)DLT723; 2008(106)DRJ272; 2009LC(DEL)779

Narayan Dhingra, J.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

K.S.E.B. Vs. Najeeb

Court : Kerala

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 24, 24(1), 39, 39A, 42 and 44; Electricity Act, 2003 - Sections 2(7), 50, 56, 56(2), 126, 126(5), 126(6), 127, 135, 138, 145, 152, 185 and 185(2); Electricity (Supply) Act, 1948 - Sections 5(1) and 79; Electricity Regulatory Commissions Act, 1998; General Clauses Act - Sections 6, 24, 30(1), 30(2) and 185; Prevention of Corruption Act, 1947 - Sections 482; Prevention of Corruption (Amendment) Act, 1988 - Sections 30 and 30(2); Indian Penal Code (IPC), 1860 - Sections 116; Indian Electricity Regulation - Regulations 42 and 43; Electricity Supply Code

Reported in : 2005(1)KLT406

42(d) of the Regulations Relating to Conditions of Supply of Electrical Energy or under Section 126 of the Electricity Act, 2003 is the question that has come up for consideration in this case.2. Writ Petition was preferred Seeking a … mahazar prepared by the Vigilance and the Anti-Power Theft Section of the Electricity Board and Ext.P8 bill dated 5.10.2004 issued pursuant thereto contending that the invoice has been issued against the provisions of Section 126 of the

Bikaner Plasto Flex Pvt Ltd. Through Its Director Dev Kishan Rathi Son ...

Court : Patna

Subject : Consumer

Acts : Electricity Act, 2003 - Sections 2(15), 2(49), 42, 42(5), 42(6), 42(7) and 42(8)

this stage is misconceived. In this case, it would be relevant to refer to the provisions of the Electricity Act, 2003. Under this Act, the Electricity Board is now deemed to be a distribution licensee and is bound by … be a distribution licensee and is bound by the obligations cast upon distribution licensee under the Act. Under Section 42(5) of the Act, distribution licensee is under an obligation to establish a forum for redressal of grievance of

Shree Cement Limited Vs. Rajasthan Electricity Regulatory Commission V ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Electricity

Surendra Kumar, Judicial Member. 1. This is an appeal under Section 111 of the Electricity Act, 2003, filed by the appellant against the Order dated 06.06.2013, passed by the Rajasthan Electricity Regulatory Commission (hereinafter called … supply or purchase of electricity. 49. Where the Appropriate Commission has allowed open access to certain consumers under section 42, such consumers notwithstanding the provisions contained in clause (d) of sub-section (1) of section 62, may enter into … subjected to the determination of maximum demand at 30 minutes time block. 5. The following question of law arises in the present appeal:- Whether the

Manoj Rajani Vs. Superintending Engineer, M.P.E.B. and anr.

Court : Madhya Pradesh

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12 to 18, 20, 26, 26(6), 53 and 67 to 69; Electricity Act, 2003 - Sections 42(5), 42(6), 42(7), 42(8), 185, 185(2) and 185(5); General Clauses Act, 1897 - Sections 6 and 6(2); Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commissions Act, 1998; Customs Act, 1962 - Sections 123; Evidence Act, 1872 - Sections 113A; Indian Electricity Rules, 1956; Constitution of India - Articles 14, 20 and 226

Reported in : AIR2006MP100

Counsel for respondents Shri Prakash Jain has submitted that the Indian Electricity Act, 1910 has been repealed by Electricity Act, 2003 (for short 'the New Act') (36 of 2003) came into force from 2-6-2003 by virtue of Section 185 … matter should be referred to the Forum for Redressal of Grievance of the Consumers as per provision Under Section 42(5) of the New Act. On the other hand, the learned Counsel for petitioner Shri Saraf has submitted that

Arss Stones Pvt. Ltd. Vs. Chairman, Grid Corporation of Orissa and ors ...

Court : Orissa

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 42(5); Constitution of India - Articles 226 and 227; Orissa Electricity Regulatory Distribution (Condition of Supply) Code, 1998; Orissa Electricity Regulatory Distribution (Condition of Supply) (Amendment) Code, 2004

Reported in : AIR2005Ori160

and circumstances of the present case.'Maintenance' has not been defined either in the 1998 Code or in the Electricity Act, 2003 or in the new Code of 2004. As per the Chambers 21st Century Dictionary, 'maintenance' means 'the process … to the petitioner to approach the Grievance Redressal Forum constituted under Section 42(5) of the Electricity Act, 2003.8. For the foregoing reasons, the writ petition … Rs. 3,00,000/- for up gradation of 1.6 MVA 33/ 11 KV Power Transformer of 3 MVA in Gondia Section of Dhenkanal Electrical Sub-Division of CESCO wherefrom the supply was to be given to the petitioner's crusher unit.

Crown Wheels P. Ltd. Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Subject : Electricity

Acts : Delhi Electricity Reforms Act, 2000; Electricity Act, 2003 - Sections 42(5)

Reported in : 2007(97)DRJ536; 2007LC(DEL)1423

would have to be thereafter raised before the Consumer Grievance Redressal Forum constituted under Section 42(5) of the Electricity Act, 2003. However the petitioner will not be permitted to reagitate the contentions in this writ petition concerning the validity