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Case transfer civil court to consumer court

(Querist) 14 January 2009 This query is : Resolved 
Sir
A civil suit was filed by me for declaring memos null,illegal & void issued by electricity board of Haryana in which penalty of Rs. 150000/- was imposed on me in connection of electricity theft case,i am tenant in this building & being user i i am consumer though i have no any written agreement with my landlord regarding tenancy.now this case is pending in civil court & is fixed for summoning of respondents,I am a tenant and meter was installed in the name of landlord,now I want to withdraw my case from the civil court & wants to file it in consumer forum,first of all kindly tell me,am I a consumer or not,secondely what process I have to adopt to withdraw the suit from civil court and to file it in consumer forumā€¦PLZ Enlighten me
Vinod Bansal From Jind Haryana

PALNITKAR V.V. (Expert) 14 January 2009
First explain if the meter is not in your name how the memos were issued against you? Please give clear details of the case.
sanjay singh thakur (Expert) 14 January 2009
Dear Vinod
Firstly explain in what capacity memos were issued against you. Moreover, as meter is not in your name so you are not directly consumer of the Electricity Board hence you cannot file a case before the Consumer Forum. However, if there is an agreement between you and your Landlord specifying the electric charges to be paid by you then you can validly file the case.Moreover there is no provision under which you can file for the transfer of case from civil court to consumer Forum and without transferring the same a separate case for compensation can be filed before the Consumer Forum.
A. A. JOSE (Expert) 15 January 2009
Dear Mr.Vinod,

As the memos have been issued to you and the proceedings for theft of electricity have also presumably been initiated againist you, I am of the view that you can very well file a complaint in the local consumer forum. You need not initially withdraw the civil suit, but after filing the consumer complaint you may withdraw the pending civil suit from the civil court.
RAKHI BUDHIRAJA ADVOCATE (Expert) 15 January 2009
I do agree with Mr. Planitkar n Mr. Sanjay Singh Thakur.


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