145 electricity act
vineet advocate
(Querist) 24 October 2009
This query is : Resolved
whether a civil court has jurisdiction in electricity matters? if yes what is the AUTHORITY against B L KANTROO'S JUDGEMENT?
Raj Kumar Makkad
(Expert) 24 October 2009
The jurisdiction of Civil courts is specifically barred under Electricity Act.
Sachin Bhatia
(Expert) 25 October 2009
Civil court have no juridiction
H. S. Thukral
(Expert) 31 October 2009
Lot of confusion has been created by the BL Kantroo's case. I would like to discuss the same
Section 145 relates to cases of unauthorised use of electricity and the jurisdiction of civil court is barred becasue there is an appellate authority whose decision has been made final (Section 126-27). There are other types of cases of theft(DAE) or suspected cases of theft in which the distribution company has to prove the theft and then special court can determine the civil liabilty also. In case of suspected theft, distribution company can raise a bill ( on a prescribed formula) and may not file a criminal complaint but if the bill is not paid the distribution company has to file a complaint and disconnection of elecricity shall be on the permission of the special court( Section 135-39). The cognizance of offence under section 135-139 shall be only on a complaint filed by specific authorities (section 151) In BL Kantroos case which was a case under section 135 (theft) and a complaint had already been filed by the company before the special court and therefore it was held that the jurisdiction of civil court is barred. In cases where it is neither a case of unauthorised use or theft of electricity whether the jurisdiction of civil court is barred? If there is procedural wrong in raising a bill or where the distribution company does not act according to statutory rules or law, whether the jurisdiction of civil court is barred? As per established law by several SC pronouncement the answer shall be NO but after Kantroo's cas special courts have started entertaining petition/suits for declarations and injunctions. In one of my case Deepika Kalra vs. BSES ( RSA 100/2009) the Hon'ble High Court held that even if there is no criminal complaint filed against the consumer under section 135(1) of the Act, the special court has jurisdiction to to entertain a civil dispute raised by him.
I am of the opinion that where the distribution company exceeds its mandate or does not follow the law the jurisdcition of civil court shall always be there to look into the lapses and declare the same illegal.
