Hon'ble S.N.H. Zaidi,J.
This writ petition has been filed by the petitioner saying that his property was burnt out due to negligence of the Electricity Department. There is transformer of the Electric Department by the side of the premises of the petitioner. The Fire Brigade Authority has assessed the loss of about 2,85,000/- but since the petitioner approached the Consumer Redressal Forum under the Electricity Act, 2003, which has refused to entertain the application on the ground of maintainability as reflected from Regulation 5.0 of the U.P. Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2007.
According to us, Section 161 of the Electricity Act, 2003 debars the petitioner from invoking the said forum relating to the dispute between the department and consumer about generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal.
According to us, the present petitioner has suffered a loss as a third party in respect of his property due to alleged fault of the Electricity Department in respect of the burnt out transformer by the side of the petitioner's house. It cannot be treated to be a dispute between the consumer and licensee arising out of the contract nor such dispute relating to human or animal life. Therefore, the best course of action open to the petitioner is to approach either District Consumer Forum under the Consumer Protection Act, 1986 or before the appropriate civil court, provided he is so advised. We cannot pass any order under the writ jurisdiction of this Court fixing the compensation.
Therefore, the writ petition is dismissed without imposing any cost.
However, passing of this order will in no way affect the right of the petitioner to approach any of the aforesaid court or forum as indicated above.
Order Date :- 7.1.2010 Sandeep