Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

1.      None is present for the appellant.  Adv. Mr S Dantale used to appear for appellant but today he is absent. Likewise Adv. Mr Pujari used to appear for respondents but today he is also absent. Both the advocates were coming regularly though commission was not working.  So they were expected to appear today.  Since the dates were known to both the parties.

2.      We perused the impugned order passed by the District Consumer Forum, Wardha in CC No.188/2003, on 03.07.2007. The complaint came to be rejected, observing that complaint may refer his grievance to prescribed authority constituted under Electricity Act 2003.  However, in the judgement, the Forum below further mentioned that this order would not in any way affect the right of the complainant to approach this Forum at appropriate stage or to approach any other Forum of his choice.  Therefore, complainant has filed this appeal.

3.      We observe that the Forum below has not exercised its powers vested on it.   Consumer had filed consumer complaint claiming deficiency in service on the part of MSEB.  His grievance was that he was given erroneous bills without recording reading of meter and he was given average bill.  Therefore, he had made the complaint with MSEB asking that he should be given correct bills on the basis of average electricity consumption instead of so called reading.  He also prayed that the bills issued to him should be quashed and non-applicant MSEB officials should be restrained from disconnecting the electric supply.  But instead of admitting the complaint, the Forum below at the stage of its admission rejected the complaint on the flimsy ground and directed him to resolve his grievance before the Consumer Forum, constituted under Electricity Act, 2003.

4.      Under the electricity act 2003 same grievance machinery has been constituted but those are internal departmental grievance Forums.  They are not as effective as the District Consumer Forum constituted under CPA 1986. Consumer has been given choice to approach the consumer grievance redressal Forum, established under Electricity Act, 2003 or to approach the District Consumer Forum constituted under CPA 1986.  We mention that even if the consumer has approached internal Forum under Electricity Act, still he has a right of invoking the jurisdiction of District Forum under CPA 1986.  Sec.3 of CPA makes it very clear that the consumer Fora have jurisdiction to decide any consumer dispute in addition to various remedies available under other laws for the time being in force. This being the position of law, the DF should have taken cognizance of the complaint. It committed err in law in rejecting the complaint filed by the appellant and directing him to approach the authorities prescribed under Electricity Act 2003.  The said order is per se bad in law and therefore, we quash & set aside the order, rejecting the complaint and restore the complaint back to the District Forum Wardha. 

Hence, the following order.

ORDER

1.      Appeal is allowed.

2.      Impugned order of rejection of complaint passed by District Consumer Forum, Wardha in Consumer Complaint No.188/2003 is quashed and set aside. 

3.      Complaint is admitted and it is remitted back to the District Forum

Wardha for disposal afresh. 

4.      The Forum should decide the complaint within three months after haring both the parties.

5.      On receipt of copy of this order, Forum shall issue notice to both the parties to appear before them.  

6.      Copies of the order be supplied to the parties and also be sent to the  Forum.

           Pronounced on 07.04.2011