Judgment- Hon’ble Mr. Rajendra Kumar Panda, (President)
Brief facts of the case:
This is a Complaint dtd:17.03.2023 made by the Complainant U/S-35 of the C.P. Act 2019 against TPSODL designated Officers Executive Engineer, Sub Divisional Officer & Junior Engineer of Parlakhemundi Electrical Division Gajapati Opposite Parties (in short Ops) for their unfair trade practice and deficient in service. The Complainant averred in complaint that the Ops without rectifying the erroneous bills kept in abeyance since long time. On 11.03.2023 the Ops issued the bill showing the outstanding amount of Rs.12,431/-(Twelve Thousand Four Hundred and Thirty-One) and on the said bill it is also mentioned “Please ensure payment within 15 days from today failing which supply to your premises will be disconnected….”, but the Ops have disconnected the supply on 15.03.2023. The Complainant further averred that, the Ops never alleged about the tampering of meter or defects of meter. With these above allegations, the Complainant prayer to sought relief for rectification of erroneous bills dtd:11.03.2023 amounting to Rs.12,431/- and restoration of power supply to the premises bearing Consumer No-312403030432. In addition, the Complainant sought compensation of Rs.50,000/- for damages along with litigation costs besides other reliefs.
Upon notice, the Ops entered appearance and instead of filing detailed version and evidence in form of affidavit, filed a petition stating the dispute period bill has already been revised and affected in the consumer bill as arrear.
On perusal it is also noticed that the Ops stopped the power supply 2nd time to the premises during the period of subsistence of interim order on which this Commission directed the Ops for restoration of the power.
The Commission observed that it is not the case of electricity dues but price in excess in respect of consumption. It is not the case that the Complainant indulging in unauthorized use of electricity. It is not the case made out U/s 126 or against the offences committed U/s -135 to 140 of Electricity Act, 2003.
In view of the above observations, we hold that,
Limitation under Section 173,174 and 175 of the Electricity Act, 2003 is only qua the scope of Consumer Protection Act, which read as under:
“ Sec 173. Inconsistency in laws.- Nothing contained in this Act or any rule or regulation made thereunder or any instrument having effect by virtue of this Act, rule or regulation shall have effect insofar as it is inconsistent with any other provisions of the Consumer Protection Act, 2019 (68 of 1986) or the Atomic Energy Act, 1962 (33 of 1962) or the Railways Act, 1989 (24 of 1989).”
“Sec 174. Act to have overriding effect. - Save as otherwise provided in section 173, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act”.
“Sec 175. Provisions of this Act to be in addition to and not in derogation of other laws. - The provisions of this Act are in addition to and not in derogation of any other law for the time being in force.”
The inconsistency would arise only if the provisions of the Electricity Act, 2003 run counter to the provisions of the Consumer Protection Act, 2019 or if while enforcing provision on one statute, provisions of other statute is violated. We find that the entire object and reasons of Consumer Protection Act is not crossed over by the Electricity Act, 2003 and whenever such situation arise the Electricity Act, 2003 has left the option open for the consumer to take recourse under other Laws.
“A bare reading of the aforesaid Sections makes it abundantly clear that –
- The intention of the Parliament is not to bar the jurisdiction of the consumer Commission under the CP Act. The Electricity Act also impliedly does not bar the jurisdiction of the consumer Commission;
- On the contrary, it saves the provisions of Consumer Protection Act, 2019, Atomic Energy Act, 1962 and the Railways Act, 1989;
- By non-obstante clause, it has been provided that if anything in the Electricity Act, Rules or Regulations is inconsistent with any provisions of the Consumer Protection Act, it shall have no effect; and
- Provisions of the Electricity Act are in addition to and not in derogation of any other law for the time being in force. The act supplements the existing redressal forum, namely, the Consumer Commission.”
In the case of UP Power Corporation & Ors……. Vrs…... Anis Ahmad, the Apex Court under para 47 (iii) reads as follows:
The Electricity Act, 2003 and the Consumer Protection Act, 1986 (at present C.P Act, 2019)runs parallel for giving redressal to any person, who falls within the meaning of "consumer" under Section 2(1)(d) of the Consumer Protection Act, 1986 (Corresponding Sec 2(7) C P Act ,2019) or the Central Government or the State Government or association of consumers but it is limited to the dispute relating to "unfair trade practice" or a "restrictive trade practice adopted by the service provider"; or “if the consumer suffers from deficiency in service”; or “hazardous service”; or “the service provider has charged a price in excess of the price fixed by or under any law”.
Hence ordered;
O R D E R
For the reasons as mentioned above, it is a fit case to admit, as such Ops are directed to revise the erroneous bill in accordance to the Regulations 150 of the OERC (conditions of supply) code 2019 and issue the bills which charged excess in price compare to consumption within one month from receipt of this order and Complainant shall direct to pay the revised bill amount within 3 months from the date of receipt of revised bill, till then no coercive action shall be taken against the Complainant for the alleged disputed bill amount. In the event of non-compliance of the order the parties shall has to pay Rs.10,000/- to the Consumer Welfare Account. The case is disposed accordingly.
A copy of the order supplied to the parties at free of cost as mandated by the Consumer Protection Act, 2019. The parties to the case can also download same from The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
File be consigned to the record room along with a copy of this Judgment duly signed in each page.
Pronounced on dtd: 30.11.2024
