1 SLP(C) No.8291/2021
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No.8291/2021)
DAKSHIN GUJARAT VIJ COMPANY LTD. & ORS. APPELLANT(S)
VERSUS
SHREE AMBESHWAR PAPER MILLS LTD. & ORS. RESPONDENT(S)
ORDER
Leave granted.
Heard learned counsel for the parties.
The Division Bench of the High Court in
Letters Patent Appeal vide its impugned judgment
and order dated 07.06.2021 after maintaining the
finding of theft of electric energy has relegated
the respondents to the Office of Ombudsman
Authority created under Section 42(6) of the Indian
Electricity Act, 2003.
In assailing the aforesaid order, the
submission is that the Ombudsman has no competence
to decide the matters regarding theft of
electricity and assessment thereto.
In connection to the powers of the Ombudsman
a reference may be had to the Gujarat Electricity
Regulatory Commission (Consumer Grievances
Redressal Forum and Ombudsman) Regulations, 2019
which inter alia vide Clause 3.18, provides for the
2 SLP(C) No.8291/2021
powers and functions of the Ombudsman.
A bare reading of the aforesaid clause
would reveal that the Ombudsman is only competent
to decide about the incorrect billing but not the
matters regarding theft or assessment in relation
thereto.
In the case at hand, the principal question
required to be considered was whether the decision
of the Board to the effect t...