yogesh
03 August 2008 at 12:40
I need the opinion on the following query which covers the electricity act-2003
1 Whether the assessing officer/Authorised representative of Licensee company has the power to replace the existing meter of consumer with out testing for accuracy of his existing meter and against the consent of consumer?
2 Can the authorised representative/Assessing officer has the power to replace the existing meter with out giving any notication or with out givingreasonable opportunity of hearing ?
3 Can the licensee insists by compulsion or force to use their prescribed meters only?
yogesh
03 August 2008 at 12:37
ON : 8/1/2008 1:50:38 PM Post New Topic
I has the following query and will be grateful & thankful if i get the expert opinion by the expertise
I have filed the W.P.(Civil) in Hon'ble high court against the company which was given license to supply and distribution of electricity herin after called "licensee" against the notification which was served under section 163 of electricity act-2003 and aginst the replacement of existing meter by the electronic meter
Along with the writ petition, i have also filed the Civil Miscallneous apllication against the stay on disconnection of electricity during the pendency of suit
The writ application was filed in diary but before listing (due to objections in case diary ), the respondent/license managed to change the existing meter with the consent of petitioner under the influence of coercion
The copies of the writ application were already serviced to the standing counsel of the licensee company
What the petioner will now do (as the matter is not heared due to technical objections in the filing )?
Whether another Miscalleneous application needs to filed in case diary or he should wait & watch after the first hearing and let the court know about the facts?
In present scenario , the relief which he has claimed regarding not replacement of meter is not maintainable whether he should file the other application under the same writ application for another relief?
Shekhar
03 August 2008 at 01:12
There is a case regarding quashe of FIR, now order on 22-april -2008 from the court to stay on the proceedings till the next date of hearing which was on 8th may 2008 to state as well as to PS & IO, but IO has filed the charge sheet on 2nd of may 2008 then on 8th court has demanded the explanation from the state as well as from the IO " inspite of stay why? charge sheet has been filed, there in reply IO has demanded the unconditional apologies from the court that she(IO) did not notice "Stay"... Pls. give me the advise how to go about it? and can i approach to the junction where the charge sheet has been filed, pls. guide me the way out of this!!!! Thanks, Shekhar
V.Raghavan
02 August 2008 at 23:26
A mother,her son and daughter executed a sale deed through their power agent in the year 1982 for a house site inherited. after 24 years noticing that the site is still remain unused the daughter and son(since their mother demised) again sold the property to another person suppressing the fact that the land was sold already(by applying duplicate doocument - pretended it is lost) Again it was sold to another person in the year 2008 on by this the original owner (Purchaser from mother, son and daughter) came to know. Now the legal owner should recover the property by setting aside the two saled executed with ill motive. Can the legal owners institute a criminal case suit against all the parties of the property wrongly dealt along with the civil case?
RADHA PYARI SRIPADA
02 August 2008 at 19:50
whether a stock broker or stock broking company needs to be mandatorily a registered member of any stock exchange?
RADHA PYARI SRIPADA
02 August 2008 at 19:31
In any case where the court orders interim maintenance, when the respondent husband fails to pay the amount of maintenance or arrears of maintenance, then the next course of action is to commit him to the civil prison. In that case, the husband will be sent to prison only if the wife pays beta for his food in prison. In that event, instead of the wife getting maintenance for herself, she has to pay from her pocket to maintain him in the prison. is there any efficacious remedy available for wife in these circumstances?
SRIPRAKASH BHATTACHARYA
02 August 2008 at 19:30
DEAR SIRS,
THIS IS A QUESTION REGARDING A CO-OPERATIVE HOUSING SOCIETY IN KOLKATA WHERE THE WEST BENGAL STATE CO-OP. ACTS AND RULES ARE APPLICABLE. HOWEVER,IT MAY KINDLY BE NOTED THAT I FIND THE BASIC CO-OPERATIVE RULES ARE SIMILAR IN ALL THE STATES.IT IS ALSO FOUND THAT CLARIFICATIONS TO SUCH QUESTIONS
ARE NOT AVAILABLE IN THE BOOKS. HENCE THIS QUESTION.
IN CASE OF A CO-OPERATIVE HOUSING SOCITY, SECRETARY OF WHICH IS AN HONORARY POST AND REMAINS BUSY WITH HIS OWN EMPLOYMENT. SINCE, AT THE TIME OF TRANSFER OF FLATS ETC. THE SECRETARY HAS TO BE PRESENT IN THE OFFICE OF THE REGISTRAR OF ASSURANCE FOR PUTTING HIS SIGNATURE ON THE 'DEED OF CONVEYANCE'. DUE TO HIS PREOCCUPATION, IT BECOMES DIFFICULT FOR THE SECRETARY SOMETIMES TO MAKE HIMSELF AVAILABLE AT THE TIME OF SIGNING ON THE DEED OF CONVEYANCE, DUE TO WHICH THE MATTER GETS DELAYED. UNDER THE CIRCUMSTANCES, IS IT POSSIBLE THAT THE SECRETARY GIVES A'POWER OF ATTORNEY' TO ONE OF THE DIRECTOR OF THE CO-OPERATIVE HOUSING SOCIETY TO DISCHARGE THE DUTIES OF THE SECRETARY (SIGNING ON THE DEED OF CONVEYANCE FOR AND ON HIS BEHALF)FOR WHICH THE BOARD OF DIRECTORS WILL TAKE A RESOLUTION. ALTERNATIVELY, IS IT POSSIBLE THAT THE BOARD TAKES A RESOLUTION AUTHORISING THE SECRETARY AND ON EDIRECTOR TO DISCHARGE SUCH JOB.
SHALL BE GRATEFUL FOR A CLEAR CLARIFICATION.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
Jayaram
02 August 2008 at 18:15
Person A has obtained personal loan from a bank and signed the document to deduct the loan amount from the salary thro auto debit. the salary is credited in X bank where he has obtained personal loan. In the mean time before the loan tenure(48 months) he has decided to retire voluntarily.(Still 38 months of loan tenure is existing at the time of retirement) the loan amount is still pending to clear. the auto debit thro salary is stopped automatically because the salary is not credited in his account because of his retirement..In the Mean time A has obtained a portion of i.e.,10% retirement benefits which was credited in the same account. The bank manager without getting consent letter from the loanee using the auto debit tecniques deducted the entire loan amount from his account.(foreclousure). The problem is the consumer or loanee is not willing allow the entire foreclosure because he neither get his salary nor get his pension till the entire pension proposal verification process ends.To run his family 10% portion of amount of retirement benefits was given by the h.Q. it was deducted by the bank autodebit for the loan amount foreclosure. 90% of the pending benefits still has to come. the entire 10% of benefits is debited from his S.B account. Now the customer is now the customer not able to and mentaaly depressed.
Is there any violation of consumer protection prevails? the affected person wish to contact consumer court for the damaging his mental upset. Expers are invited to comment.
bhagwant
02 August 2008 at 18:04
When there is accident between motor cycle and truck, and if motorcyclist get injured and admitted directly to hospital or left from the place, and if truck driver files complaint against motorcyclist u/s.279 IPC 184 MV Act, even after having negligence on his part. It is reveled after investigation that motor cyclist was not wrong, what will be effect on the complaint, who complaint will dispose off, whether chargsheet against truck driver can be filed.
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