Bihar

StateCommission

A/348/2019

Majboon Nissa - Complainant(s)

Versus

Assistant Electrical Engineer - Opp.Party(s)

Adv. Kumari Priyanka(Pritam)

12 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
First Appeal No. A/348/2019
( Date of Filing : 15 Oct 2019 )
(Arisen out of Order Dated in Case No. of District State Commission)
 
1. Majboon Nissa
Wife of Mo Jokhu Sakin, Yadopur Barkhi Tola, Tatari, PO- Dhaka, PS- Dhaka, District- East Champaran
...........Appellant(s)
Versus
1. Assistant Electrical Engineer
Electric Supply sub Division, Dhaka Prachetra
...........Respondent(s)
 
BEFORE: 
  MISS GITA VERMA PRESIDING MEMBER
  MD. SHAMIM AKHTAR JUDICIAL MEMBER
 
PRESENT:
 
Dated : 12 Aug 2024
Final Order / Judgement

O r d e r

 

  1. This appeal by complainant has been filed against the order dated 05.07.2019 passed by District Consumer Disputes Redressal Forum, East Champaran at Motihari in complaint case no. 72 of 2016 whereby the O.Ps-respondents were ordered to a fine of Rs. 1,000/- only to the complainant instead of her demand of Rs. 2,00,000/- for deficiency in service in respect of electricity supply and wrong billing.
  2. Since this appeal is not being disposed of on facts pleaded by parties and evidences adduced by the parties and evidences adduced by them we are not stating the pleadings of parties here in details.
  3. It has been argued on behalf of respondents that the impugned order is liable to be set aside on the sole ground that the District Consumer Disputes Redresal Forum set up under the Consumer Protection Act, 1986 had no jurisdiction to entertain such dispute because a special consumer grievance Redressal Forum was set up under section 42(5) of the Electricity Act, 2003 for such type of cases between the electricity supply agency and its consumers. This provision of law ousts the jurisdiction of District Consumer Forums set up under the Consumer Protection Act, 1986. The leaned lawyers for the appellant has conceded to this position of law.
  4. In view of the aforesaid position of law it is held that the District Forum had no jurisdiction over the subject matter of dispute between the parties.
  5. In the result the impugned order is set aside and the appeal stands disposed of accordingly. Parties to bear their own costs.

 

(Md. Shamim Akhtar )                                                                                   (Gita Verma)

         Judicial Member                                                                                      Judicial Member

 

 

Md. Fariduzzama

 
 
[ MISS GITA VERMA]
PRESIDING MEMBER
 
 
[ MD. SHAMIM AKHTAR]
JUDICIAL MEMBER
 

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