Electricity theft case on non consumer

vinod bansal (Querist) 01 September 2010 This query is : Resolved
R/Experts
Electricity deptt raiding party in a house and theft case of direct supply was detected,in this house there is no any electricity meter thus offending person is not consumer of elec. deptt.what is remady available to him.whether in given circumstances consumer complaint is maintainable before consumer forum.Is there only way to file suit for declaration to declare penalty memo null and void.Vinod Bansal Adv Jind

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s.subramanian (Expert) 01 September 2010
Under Indian Electricity Act,jurisdiction of civil court is barred. You can file writ petition before the high court for remedy.

Raj solanki (Expert) 17 November 2010
i am agree with S.Subramaniam but one more remedy is available to you that you may approached to D.E.R.C. against this order. as per the electricity act who is owner or occupier of the premises, the electricity department can book him under section 135 of electricity act,2003 for theft. the above said theft will call direct theft. it will be better to settle the matter in lok adalat etc. if you think that the evidences are against you.

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