CWP No.22502 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.22502 of 2011 Date of decision December 5, 2011 Balaki Ram ....... Petitioner Versus State of Haryana and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. V. B. Aggarwal, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The issue challenges an assessment made in the year 2005 through this writ petition. The justification, according to the learned counsel was that he had previously challenged the notice before the District Forum and later preferred an appeal to the State Commission which has held that the petitioner is not a “consumer” within the definition of the Consumer Protection Act to seek for enforcement of his alleged rights. The alleged notice of Annexure P-1 has subsequently been reworked and a provisional assessment is made under Section 126 (1) of the Electricity Act of 2003. The duty of the consumer shall be to invite a final adjudication, after stating his objection and if he is still aggrieved about the final assessment there is a statutory right of appeal under the Electricity Act, 2003 itself. The remedy by means of writ petition is not appropriate, for, there is a full and comprehensive redressal mechanism under the 2003 Act. The petitioner would contend that he has prosecuted the case bona CWP No.22502 of 2011 2 fide before the authorities constituted under the Consumer Protection Act and therefore he will be barred from stating his objection in the manner contemplated under the Electricity Act. The petitioner has brought to himself his own problem by approaching a wrong forum. But if the petitioner would seek for an adjudication before the authorities under the Electricity Act itself, any delay that may have to be occasioned by prosecuting the case in another forum may be stated in his objections or grounds of appeal and the authorities will consider the same for excluding the period and render an adjudication on merits. 2. The writ petition is disposed of, but the petitioner will have appropriate remedy under the Electricity Act, 2003 itself. (K. KANNAN) JUDGE December 5, 2011 archana