Case Note & Summary
The petitioner, Sanjay Automobile Engineers Pvt Ltd., filed a writ petition challenging an order of the Joint Civil Judge Senior Division, Pune, which allowed the respondent's application under Section 9A of the Code of Civil Procedure, 1908, holding that the civil court had no jurisdiction to entertain the suit due to the remedy provided under the Electricity Act, 2003. The principal relief sought in the suit was to refer the dispute arising out of a bill dated 11-1-2011 for Rs.7,47,970/- to the Internal Grievance Redressal Cell (IGRC) constituted by the respondent licensee. During the hearing, the petitioner's counsel accepted that the remedy lay before the IGRC, but a dispute arose regarding the pre-deposit amount required under Section 56(1) of the Electricity Act. The petitioner had deposited Rs.1,08,029/- as the lesser of the two amounts under clauses (a) and (b) of Section 56(1), but the respondent disputed this amount, insisting on the full demand of Rs.7,47,970/-. The court examined Section 56(1) and held that the pre-deposit amount is the lesser of the two amounts, and the petitioner's calculation was correct. Consequently, the court allowed the writ petition, set aside the impugned order, and directed the respondent to accept the pre-deposit of Rs.1,08,029/- and refer the dispute to the IGRC for adjudication.
Headnote
A) Electricity Law - Disconnection of Supply - Pre-deposit under Section 56(1) - The dispute pertained to the amount to be deposited by the consumer before approaching the Internal Grievance Redressal Cell (IGRC) under the Electricity Act, 2003. The court held that the pre-deposit amount is the lesser of the two amounts under clauses (a) and (b) of Section 56(1), and the consumer's calculation of Rs.1,08,029/- was correct. (Paras 4-5) B) Civil Procedure - Maintainability of Suit - Section 9A CPC - The civil court had dismissed the suit on the ground of lack of jurisdiction due to the remedy under the Electricity Act. However, the High Court allowed the writ petition, directing the respondent to accept the pre-deposit of Rs.1,08,029/- and refer the dispute to IGRC, thereby resolving the jurisdictional issue. (Paras 2-5)
Issue of Consideration
Whether the pre-deposit amount under Section 56(1) of the Electricity Act, 2003 for approaching the Internal Grievance Redressal Cell is the lesser of the two amounts under clauses (a) and (b), and whether the civil court has jurisdiction when there is a dispute regarding the pre-deposit amount.
Final Decision
The writ petition is allowed. The impugned order dated 25-2-2012 passed by the Learned Joint Civil Judge Senior Division, Pune is set aside. The respondent is directed to accept the pre-deposit of Rs.1,08,029/- from the petitioner and refer the dispute to the Internal Grievance Redressal Cell (IGRC) for adjudication in accordance with law.
Law Points
- Interpretation of Section 56(1) of the Electricity Act
- 2003
- Pre-deposit for approaching Internal Grievance Redressal Cell
- Jurisdiction of civil court under Section 9A CPC
