Amendment to power Act sought to plug legal gap

The Managing Director of Dakshin Haryana Bijli Vitran Nigam (DHBVN), Hisar, has submitted a representation to the state government, seeking an amendment to the Electricity Act empowering special courts to decide civil liabilities, and requesting that no coercive action be taken against consumers until such amendment is made.

The representation, forwarded by Hisar-based advocate Vikram Mittal, raised the issue with the DHBVN after a sessions court in Hisar held that it lacked jurisdiction to decide a suit filed by a consumer against the Nigam in a matter of power theft.

The court observed that, even if it was empowered to act as a special court under the Electricity Act, 2003, to deal with offences such as theft of electricity, it could not act as a civil court, referencing a Punjab and Haryana High Court judgment dated May 14 (RSA No 4181 of 2016 - Mahesh Kumar v Sub Divisional Officer and others), which held that civil courts had no jurisdiction in electricity theft and assessment disputes.

The representation asks the government for a legislative amendment to the Electricity Act, 2003, to fill the gap where neither civil courts nor special courts can provide relief to consumers against allegedly illegal theft and assessments, and also requests interim relief mechanisms for consumer protection.

In an order on August 8, the court of Manglesh Kumar Choubey, Additional District Judge, Hisar, dismissed a civil suit filed by Rattan Singh, a resident of Pabra village, against the DHBVN in a power theft case.

The court held that it lacked jurisdiction to decide the suit, stating that special courts were constituted to try offences under sections 135 to 140 and Section 150, but not to decide civil rights of consumers.

It concluded that, after excluding the jurisdiction of civil courts, the special court was not vested with such jurisdiction, and accordingly, the suit was not maintainable and stood dismissed.

In the May 14 judgement, the HC observed that consumers were left without any remedy against illegal theft and assessments or the misuse of provisions under the Electricity Act, 2003, as special courts could determine civil liability only after a binding conviction and only for compensation to the department, not consumer claims.

The HC advised for an amendment to the Act empowering special courts (or another forum) to decide civil liabilities independently, and requested that no coercive action be taken against consumers until such amendment was made.

Pertains to matters of theft

A representation seeking the amendment was forwarded by a Hisar-based advocate and submitted to the state government by the Managing Director of Dakshin Haryana Bijli Vitran Nigam, Hisar, after a sessions court held that it lacked jurisdiction to decide a suit filed by a consumer against the Nigam in a matter of power theft