High CourtsSINGLE BENCH(2017) 12 P&H CK 0007

Dakshin Haryana Bijli Vitran Nigam Ltd. and another vs Permanent Lok Adalat, Public Utility Services, Hisar and another

Punjab And Haryana At Chandigarh · Decided on 14 December 2017

HON’BLE JUDGES
Rakesh Kumar Jain
RESULT
Dismissed
CASE NUMBER
26799 of 2017 (O&M)

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Judgment

21 paragraphs · 211 words
1.

Learned counsel for the petitioners has argued that the

Permanent Lok Adalat (PUS), Hisar [for short ''the Lok Adalat''] has no

jurisdiction to entertain the application filed under Section 22C of the Legal

Services Authorities Act, 1887 because the proceedings were initiated

against the consumer under Section 126 of the Electricity Act, 2003 [for

short ''the Act''] against which the consumer could have filed appeal under

Section 127 of the Act.

2.

At the time of preliminary hearing, counsel for the petitioners

was specifically asked to place on record the complete material about the

issuance of notice under the Act, order of provisional assessment, reply, if

any, and the final assessment order but the petitioners have placed on record

documents Annexures P-4 & P-5 by way of CM No.17142 of 2017 to

contend that the said documents are the provisional assessment and final

assessment order.

3.

I am not impressed with the arguments raised by counsel for the

petitioners because the documents Annexures P-4 & P-5 in no way are the

provisional assessment made under Section 126 of the Act and the final

assessment order.

4.

In view of the above, the argument raised by counsel for the

petitioners is totally misconceived and therefore, the present petition is

hereby dismissed.