ORDER

R.C. Jain, Member - I have carefully perused the opinion rendered by the Hon'ble President and learned Member Mrs. Rajyalakshmi Rao. While I am in general agreement with most of the observations made and conclusion reached therein but I am not persuaded to agree to the view that there exists any conflict/inconsistency between the provisions of Consumer Protection Act, 1986 and the Electricity Act, 2003 and, therefore, by application of the provisions of Sections 173, 174 and 175 of the Electricity Act read with Section 3 of the Consumer Protection Act, the Consumer Fora constituted under the Consumer Protection Act would have jurisdiction over the matters relating to assessment of charges/duty for unauthorized use of electricity, etc. provided under Sections 126 and 127 of Part XII of the Electricity Act, 2003. Therefore, the need to give a separate opinion.

2. The important question posed by the Hon'ble Supreme Court for consideration of the Commission has two limbs: (i) "whether a person who is aggrieved in regard to the assessment of charges for unauthorized use of electricity as provided under Section 126 of the Electricity Act can be said to be consumer within the meaning