SUPREME COURT OF INDIA

Before:- B.N. Agrawal and P.K. Balasubramanyan, JJ.

Civil Appeal No. 2491 of 2005, Arising out of SLP (C) No. 23799 of 2004. D/d. 8.4.2005.

SDO, Electricity and another - Appellants

Versus

B.S. Lobana - Respondent

Electricity Act, 1910, Section 26(6) - Electricity Act, 2003, Sections 153, 138 and 55 - Consumer Protection Act, 1986, Sections 2(o), 11, 17 and 21 - Dispute regarding - Electricity meter - Correct forum for said dispute is Electrical Inspector under Section 26(6),of Electricity Act, 1910.

[Para 4]

ORDER

B.N. Agrawal, J. - Heard learned counsel appearing on behalf of the appellant.

2. Leave granted.

3. The respondent has filed written submissions. We have perused the same. In the facts and circumstances of the case, we are of the view that instead of moving the District Forum, the respondent should have moved an application under Section 26(6) of the Electricity Act, 1910 (for short "the Act") for referring the matter to the Electrical Inspector.

4. In view of these facts, the appeal is allowed, the impugned orders are set aside and complaint filed by the respondent is dismissed, granting liberty to him to file an application under Section 26(6) of the Act in accordance with law.

5. No costs.

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