STATE CONSUMER DISPUTES REDRESSAL COMMISSION

BIHAR, PATNA

(Appeal No.52 of 2022)

Krishna Mohan Prasad,Advocate,

S/o- Late R.N. Prasad,

R/o Mohalla- Kazipur,quarter Road No. 3,

P.S.- Kadamkuan,District- Patna-800004.                              Appellant.

VERSUS

Executive Engineer Sri Ankesh, PESU,

Rajendra Nagar Anchal, Office situated at

Rajendra Nagar, P.S.- Kadamkuan,

District- Patna and others.                                                           Respondents.

BEFORE,

Miss Gita Verma (Judicial Member)

Mr. Raj Kuamr Pandey (Member)

                       Mr. Subodh Kumar Srivastava (Judicial Member)

ORDER

Date of order:  18-08-2022  

As per : Mr. Subodh Kumar Srivastava,Judicial Member (M) 

The appellant himself is present.

Learned counsel on behalf of the respondent no- 6 & 7 are also present.

 Heard on the point of admission.

Appellant has preferred this appeal against the order dated 14.05.2022 passed by the District Consumer Forum, Patna, whereby and where under Learned Commission below  has dismissed the complaint case no- 198/2022 at the admission stage itself, on the ground that the same matter of the complaint is still sub-judice before the competent authority.

Appellant submitted that he has deposited nearly Rs. 5,00,000/-(Five lacs) for 2015 to 2020 against bills whereas dues of the electric meter shows Rs. 40,000/- only at the  time of passing of the  judgment by CGRF (Consumer Grievance Redressal Forum), Patna. There is deficiency on the part of the respondent. Earlier appellant had filed this case before this commission but for the want of jurisdiction this commission held not maintainable and liberty was given to the  complainant/appellant to seek his remedy before the learned District Consumer Forum vide order dated 05.04.2022 in complaint case no 01/2022, but learned Commission below has disobeyed the direction of the Commission.

Learned counsels opposed the contention of the appellant and submitted that case is still pending before CGRF (Consumer Grievance Redressal Forum), Patna to examine the compliance of the order dated 28.12.2018.

As per submission of the appellant, he has deposited about Rs. 5,00,000/-(Five lacs) from 2015 to 2020 against bills, still respondents are trying to  take punitive action under section 142 of the Electricity Act.

 Section 100 of the Consumer Protection Act,1986 reads as under “The provisions of this act shall be in addition to and  not in derogation of the provisions of any other law for the time being inforce.”(Corresponding section- 3 of the Consumer Protection Act,1986.

Hon’ble Supreme Court has held in the case U.P. Power Corporation Limited and ors. Vs. Anis Ahmad in civil appeal no- 5466/2012 (SLPCC) 35906/2011 passed on 01.07.2013 that “section- 3 of Consumer Protection Act and section 175 of the Electricity Act provide that they are in addition and not in derogation of right of any other law for the time being inforce. Therefore the rights of consumer under the Consumer Protection Act are not affected by the Electricity Act. Abare reading of sections- 173,174 and 175 makes it clear that the intention of the Legislature is not to bar the jurisdiction of Consumer Forum Constituted under Consumer Protection Act. The provisions of Electricity Act have over righting effect qua provisions of any other law except that of the Consumer Protection Act, 1986, the Atomic Energy Act, 1962, the Railway Act.1989.

Thus, Consumer Protection Act supplements and not supplants the jurisdiction of Civil Court or other statutory authorities (AIR- 2003 SC 1043).

In view of the above discussions, we come to the conclusion that only on the ground that the same matter is pending before other competent authority District Consumer Forum cannot deny to hear the case. The Consumer Protection Act is legislation for the welfare of the public. The impugned order of the Learned District Consumer Forum below is not in consonance with law, so the same is, hereby, set aside and the District Consumer Commission below is directed to hear the matter and pass speaking order on the point of admission in accordance with law. Accordingly, this appeal is hereby disposed of at admission stage.

Office is directed to send the copy of this order to the District Consumer Commission, Patna for information and needful.

                                                                                                                                                          Jud.Member(F)

                                                                                                                                                            Member (M)

                                                                                                                                                                    Jud. Member (M)