important point
In matters of assessment of electricity bills the Consumer Forum should have directed the respondent to move before the competent authority under the Act.

Headnote:(a)Electricity Act, 2003 – Sections 145 and 126 – In matters of assessment of electricity bills the Consumer Forum should have directed the respondent to move before the competent authority under the Act. (Para 8)
       (2006) 4 SCC 649 – Relied upon.
       (b)Electricity Act, 2003 – Section 2(o) – In view of the National Commission having not decided the question as to whether consumer of electricity is covered by the definition of ‘Consumer’ as defined in Section 2(o) of the Act, impugned order set aside – Matter remitted back to National Commission to record a positive finding on the aspect. (Para 10)
       Facts of the case:
       The basic grievance of the respondent was that the electricity supply was discontinued without notice. Compensation of Rs. 50,000/- was awarded along with 12% interest per annum by the District Forum and upheld by the State Commission. The National Commission took the view that since notice was given after disconnection, the action was clearly unsustainable.
       Findings of the Court:
       The National Commission should have addressed the question as to whether consumer of electricity is covered by the definition of ‘Consumer’ as defined in Section 2(o) of the Act.
       Result : Appeal allowed to the extent indicated.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission, New Delhi (in short the National Commission).

3.The appellants had questioned correctness of the findings recorded by the District Consumer Forum, Ranchi (in short District Forum) and the State Consumer Disputes Redressal Commission, Jharkhand, Ranchi (in short the State Commission) before the National Commission.

4.The basic grievance of the respondent was that the electricity supply was discontinued without notice. Compensation of Rs. 50,000/- was awarded along with 12% interest per annum by the District Forum and upheld by the State Commission. The National Commission took the view that since notice was given after disconnection, the action was clearly unsustainable.

5.In support of the appeal, leaned counsel for the appellant submitted that the District Forum, the State Commission and the National Commission failed to appreciate that the notice of disconnection was given on 20.12.1999 and the disconnection was made on 29.1.2000. Additionally, it was submitted that whether the consumer of electricity can be covered under the provisions of the Consumers Protection Act, 1986 (in short the Act) has not been considered by the National Commission.

6.Stand of the appellants is that the definition of Consumer as defined in Section 2(o) of the Act does not cover a consumer of electricity.

7.Learned counsel for the respondent, on the other hand, submitted that the District Forum, the State Commission and the National Commission have categorically found that no notice was given prior to disconnection and the respondent has taken a categorical stand that the notice dated 20.12.1999 has not been served on him.

8.In this case we are concerned with the scope and extent of the beneficial consumer jurisdiction, particularly with regard to technical subjects falling under provisions such as the Electricity Act, 2003. Under Section 2(c) of the Act “complaint” is defined to mean allegation in writing made by a complainant that the service provider has charged for the services, a price in excess of the price fixed under the law for the time being in force [See: Section 2(c) (iv)]. Under Section 2(d) “consumer” is defined to mean any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised. Under Section 2(g) of the Act the word “deficiency” is defined to mean any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or under a contract or otherwise in relation to any service. The word “goods” is defined under Section 2(i) to mean goods as defined in the Sale of Goods Act, 1930. “Service” also defined under Section 2(o) of the Act to mean service of any description which is made available to users in connection with banking, financing, insurance, transport, processing, supply of electrical energy, entertainment etc. Therefore, supply of electric energy by the Nigam falls under Section 2(o) of the Act. However, the question which arises for determination and which has not been decided is : whether the beneficial consumer jurisdiction extends to determination of tortuous acts and liability arising therefrom by the Consumer Forum. In this connection, it is urged on behalf of the Nigam that assessment of the duty for unauthorized use of electricity, tampering of meters, distribution of meters and calibration of electric current are matters of technical nature which cannot be decided by the Consumer Forum. It is urged that under the Electricity Act, 2003 the jurisdiction of the civil court is excluded. In this connection reliance was placed on Section 145 of the said 2003 Act under which the jurisdiction of the civil court to entertain suits in respect of matters falling under Section 126 is expressly bar

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Judicial Analysis

SupremeToday

2007 Supreme(SC) 1297

important pointIn matters of assessment of electricity bills the Consumer Forum should have directed the respondent to move before the competent authority under the Act.

Cases Referred (1)

Judicial Analysis

important point
In matters of assessment of electricity bills the Consumer Forum should have directed the respondent to move before the competent authority under the Act.