IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1664 OF 2025 (From the order dated 31.10.2025 in FA No. 146/2021 of the State Consumer Disputes Redressal Commission Uttarakhand )

With IA /15694-95 of 2025 ( grant of stay, exemption to file typed copies of documents)

Tej Pal Singh .... Petitioner (s)

s/o Late Sh. Roda Singh r/o Village Shantar Shah P.S.Bahadrabad, Roorkee, District Haridwar Uttarakhand-249401 Versus Uttarakhand Power Corporation Ltd. Respondent(s)

Through its Executive Engineer Electricity Distribution Division ( Urban)

Roorkee, Haridwar, Uttarakhand 249401 REVISION PETITION NO. 11666688 OF 2025 (From the order dated 06.11.2025 in FA No. 13/2020 of the State Consumer Disputes Redressal Commission Uttarakhand )

With IA /15708-09 of 2025 ( grant of stay, exemption to file typed copies of documents)

Sh. Raja Ram Petitioner (s)

s/o Late Sh. Roda Singh r/o Village Shantar Shah P.S.Bahadrabad, Roorkee, District Haridwar Uttarakhand-249401 Versus Uttarakhand Power Corporation Ltd. Respondent(s)

Through its Executive Engineer Electricity Distribution Division ( Urban)

Roorkee, Haridwar, Uttarakhand 249401 BEFORE:

HON’BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON’BLE DR. JUSTICE SUDHIR KUMAR JAIN, MEMBER For the Petitioner(s) Mr. Ayush Kasana and Ms. Bhawna, Advocates Dated : 13.01.2026

ORDER

1. Heard counsel for the Petitioner.

2. In RP No. 1664 of 2025, challenge is to the order dated 31.10.2025 vide which Appeal filed by the respondent herein ( appellant before the State Commission) was allowed and order of the District Commission was set aside and certain directions were issued. Extract of the relevant paras of the order of the State Commission is reproduced below:

15. ^om the perusal of the pleadings of the parties, it is established on record that the matter between the parties in regard to the correction of the billing amount. So in our opinion, if the respondent is consumer under the definition of Consumer Protection Act, then such matter should be referred to the Consumer Grievance Redressal Forum of Electricity Department for ' decision. 16. We have perused the record. It is pertinent to mention that the Electricity Act, 2003 is a Special Act and over rides the general law. The Section 181 read with Section 50 of the Electricity Act, 2003 have conferred power on the Regulatory Commission to frame regulations to cany out of the object and the Hon'ble Commission has framed Uttarakhand Regulatory Commission (The Electricity Supply Code) 2007 published in official gazette on 17.04.2007. By virtue of Section 42(5), the law has established in this act a Consumer Grievance Redressal Forum for resolving the dispute in the matter relating to electricity bills and in our view, the present dispute should have been referred for decision to the CGRF and the complaint as per above provision should not be filed in the District Commission, it should actually be filed before the CGRF for getting the bills rectified from the department. Hence, we are of the definite opinion that the complaint is not maintainable before the District Commission.

17 Thus, we are of the'considered view that there was no deficiency on the part of the appellant and the District Commission has failed to appreciate the relevant provisions of law and has not perused the facts and law properly and appropriately. Accordingly, we hold that the appeal is liable to be allowed.

18. Appeal is allowed. Impugned judgment and order dated 31.08.2021 passed by the District Commission, Haridwar is hereby set aside. Consumer complaint shall stand as dismissed. No order as to costs of appeal. Respondent - complainant is at liberty to submit his dispute, if any, before the Consumer Grievance Redressal Forum under Section 42(5). The respondent complainant may also file fresh complaint / application for adjudication before the Consumer Grievance Redressal Forum within a period of three months from today. In case of filing the complaint before Consu