2005 INSC 0394
(Supreme Court Of India)
S.D.O. Electricity
v.
B.S. Lobana
(B.N. Agrawal and P.K. Balasubramanyan,JJ.,)
Civil Appeal No. 2491 Of 2005 | 08-04-2005

1. 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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