Civil-electricity act

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
1. A consumer against theft of electricity filed case in 2007 under consumer court Act and it is decided by order in 2011. Consumer act is different and electricity act is different. Kindly note once there is special court constitued under Electricity act for these cases but the consumer court decided the case.
Pls give opinion if same court can be asked to review the judgment once that consumer court has no jurisdiction to decide the case.
we know somewhere that some high court has decided that consumer court has not jurisiction to decided electricity theft case as there is court constituted for delaing theft case. ?

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Arun Kumar Bhagat (Expert) 14 October 2011
If the Opposite party is a service provider, then complaint shall lie at Consumer forum for deficiency of service including theft of electricity due to inefficiency of service provider to check the same.

Chanchal Nag Chowdhury (Expert) 14 October 2011
CPA is in addition to & not in derogation of any other law in force. If the Electricity law specifically ousts jurisdiction of other courts, that will have effect.

prabhakar singh (Expert) 14 October 2011
District forums and state forums do not have power to review their judgement and orders passed under the Act.

But query in hand is all togather different.
Here is a Question of inherent lack of jurisdiction.The point may emerge debatable
and both for and against views can be advanced.

I would ,however like to hold a pro view that if the forum any way comes to know that it has entertained a matter in which it inherently lack the jurisdiction
,it can recall it's such order any time before it's Superior court has not called for its record due to filing of any appeal or revision;because otherwise also order without jurisdiction is a nullity.

Querist : Anonymous (Querist) 22 October 2011
SIR

Kerla HC has already given some judgment on this matter.

Thanks

Sailesh Kumar Shah (Expert) 22 October 2011
can you provide judgement?

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