(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.JUSTICE VIJAY MANOHAR SAHAI) ORDER IN LETTERS PATENT APPEAL Heard the learned counsel for the appellant.
ADMIT.
Mr.Kuldeep Sharma, the learned advocate appearing on behalf of Mr.Rachh waives service on behalf of the respondent no.1.
The learned Single Judge has dismissed the writ-petitions filed by the petitioner, challenging the order passed by the Consumer Disputes Redressal Forum, by order dated 5th November 2012 passed in Special Civil Application No.15251 of 2010 and other cognate matters.
Against the order passed by the District Consumer Forum and the State Consumer Forum, the petitioner has an alternative remedy of filing an appeal before the National Consumer Forum.
A Division Bench of this Court, in the case of Manoramaben Kansara Wd/o. Balkrishna Kansara v/s. Madhya Gujarat Vij Company Limited and others, reported in 2011(2) GLH 563, has held that where the question of theft of electricity under Sections 136, 137 and 135 of the Electricity Act, 2003 is concerned, the District Consumer Forum has no jurisdiction to entertain the case against the bill raised under Section 126 of the Electricity Act, 2003.
Since the District Consumer Forum has no jurisdiction, accordingly the State Consumer Forum as well as the National Consumer Forum would also have no jurisdiction.
Prima facie, since the order passed by the aforesaid authorities appears to be without jurisdiction, alternative remedy would not bar filing a writ-petition under Article 226 of the Constitution of India. In this view of the matter, the appellant is entitled for interim order.
ORDER IN CIVIL APPLICATION RULE returnable on 24th June 2013. Till the next date of listing, the effect and operation of the judgment and order of the learned Single Judge dated 5th November 2012 passed in Special Civil Application No.15251 of 2010 and other cognate matters, as well as the order passed by the District Consumer Forum and the State Consumer Forum shall remain stayed.
List the matter on 24th June 2013.
(V.M.SAHAI,ACJ.) (J.B.PARDIWALA, J.) *malek Page 3 of 3