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G.S.Singhvi, Sudhansu Jyoti Mukhopadhaya
U. P. Power Corporation Ltd. – Appellant
Versus
Anis Ahmad – Respondent
The case judgment clarified that the jurisdiction of consumer forums is not solely dependent on a strict or literal interpretation of the statutory definition of 'consumer dispute.' Instead, it emphasized that the jurisdiction depends on whether the dispute falls within the scope of "service" or "complaint" as defined under the relevant statutes. The judgment highlighted that acts such as "unauthorized use of electricity" or offences under the Electricity Act do not constitute "consumer disputes" as per the statutory definitions, and therefore, such matters are not maintainable before consumer forums. It further clarified that while the provisions of the Consumer Protection Act are in addition to other laws, they do not automatically extend the jurisdiction to disputes that do not qualify as "consumer disputes" under the Act.
Hence, the judgment held that the jurisdiction of consumer fora is determined by the nature of the dispute and whether it aligns with the specific definitions and scope provided under the statutes, rather than relying solely on a strict statutory definition of 'consumer dispute.'
Sudhansu Jyoti Mukhopadhaya, J.—The questions involved in these appeals are; a) whether complaints filed by the respondents before the Consumer Forum constituted under the Consumer Protection Act, 1986 were maintainable and; b) whether the Consumer Forum has jurisdiction to entertain a complaint filed by a consumer or any person against the assessment made under Section 126 of the Electricity Act, 2003 or action taken under Sections 135 to 140 of the Electricity Act, 2003.
2. The National Consumers Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'National Commission') by impugned majority judgment (of President and one Member) dated 10th April, 2008 observed and held as follows:
“x x x x x x x x
For the reasons stated below, in our view, the aforesaid questions can be answered as under:
i) In case of final assessment order passed under Section 126 of the Electricity Act, if a consumer is aggrieved, he can file complaint under the Consumer Protection Act. However, it is his option to file complaint under the Consumer Protection Act or to file Appeal under Section 127 of the Electricity Act.
ii) Further, against the final order passed by the Ap
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