08-12-2015 - Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgment passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose –vs- M. Aby & ors.

2. Nobody appears on behalf of the appellant.

3. Heard Mr. Rohit, learned counsel appearing for the respondents.

4. On being satisfied with the grounds, the delay of about one week in filing this appeal is condoned.

5. The learned District Forum has disposed of the Complaint Case No. 46/13 filed on behalf of the Appellant- Complainant on the ground that the dispute can be raised before Electricity Ombudsman, Hazaribagh. With that liberty the complaint was disposed off.

6. It is settled position that in view of section 3 of the Consumer Protection Act, 1986, (the Act.) the remedy under the Act is additional remedy and on the ground of availability of alternative remedy, the Forum cannot refuse to entertain the complaint.

7. Accordingly, the impugned order is set aside and the matter is remanded back to the District Forum for deciding it on its merit.

8. It is made clear that this Commission has not gone into the merits of the respective cases of the parties.

With these observations, this appeal is disposed off.

Issue free copy of this order to all concerned for information and needful.

Ranchi

Dated:- 08-12-2015