WHERE CAN CONSUMER FILE COMPLAINT ABOUT ELECTRICITY

Hon’ble Supreme court settled with a landmark judgement in the matter of U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others 2013 along with eight more cases of similar nature in Electricity matters

The issues before the court were as to-

·         Whether complaints filed by the consumers against   Electricity Boards are maintainable before the consumer courts constituted under Consumer Protection Act

·         Whether the consumer forums have  the jurisdiction to entertain a complaint filed by a consumer or a person against assessment made for unauthorized use of electricity  under section 126 of the Electricity act 2003 or action taken by billing with penal rates  under sec. 135 to 140 of the Electricity act 2003.

Supreme court in its final verdict held as hereunder;

1.      In case of any inconsistency between the electricity act 2003 and the consumer protection act 1986,the provisions of consumer protection act will prevail with regard to the matters of services defined under sec. 2(1)(o) or complaint under sec. 2(1)(c) of the consumer protection act 1986.

2.      A complaint against the  assessment made for unauthorized use of electricity  under section 126 of electricity act or action taken by billing with penal rates under sec. 135 to 140 cannot be challenged before the consumer courts established under consumer protection act

3.      The electricity act 2003 and consumer protection act runs parallel for giving redressal to consumers who fall within the definition of consumer and complainant under the consumer protection act under sections 2(1 )(c)&(d)

 

By Dr Prem Lata

Ex Member Consumer Forum 

 

 

Reference, Citation U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others 2013

 

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