This order arises out of the petition dtd. 14.07.2020 filed by O.Ps & the Order dtd. 01.07.2020 in Revision Petition No. 25 of 2020 passed by Hon’ble State Consumer Disputes Redressal Commission, Cuttack, Odisha.
The brief facts necessary for disposal of this petition are to the effect that In Para 6 of the Order it has been directed by the Hon’ble state C.D.R. Commission Cuttack, Odisha to dispose of the case on the point of non maintainability of the case as per their observation . Direction of Hon’ble state C.D.R.Commission, cuttack is :-
“ Be that it may , In view of the nature of the dispute relied upon , the decision in U.P Power Corporation Ltd (Supra) , we find that the complaint is not maintainable before the learned District Forum, We hereby allow the revision and set aside the interim order dated 21. 5. 2020 in C.D.Case No 54 of 2018 by the learned District Forum, Bhadrak and also direct the learned District Forum to pass order in view of the observations made above about maintainability of the complaint within a period of 15 days from the date of production of copy of this order by the learned counsel for the O.P …”
Soon after receiving of the order on 14.07.2020 complainant was given opportunity to file objection. Complainant objected that the decision in U.P Power Corporation Ltd (Supra) in case of Anis Ahmad is not befitting to this case on following points:-
Para-23 of the said decision.
“Therefore a consumer within the meaning U/S 2(i)(d) may file a valid complainant . In respect of supply of electrical or other energy , it the complainant contains allegation of unfair trade practice or restrictive trade practice, or there is a defective goods , deficiency in service hazardous services or a price in excess of the price fixed by or under any law etc.”
Para-24 and 28 of the said decision .
“ The court holds that the respondents are the commercial and Industrial Consumers, so they are not the consumer as defined under C.P.Act “.
Para-25 of the said decision.
The court holds that “none of the respondents alleged that the appellants used unfair trade practice or a restrictive trade practice or there is deficiency in service or price fixed by the appellants as excess to the price fixed under any law etc. in absence of any allegation as stipulated U/S 2(i)© of the consumer protection Act their complaints were not maintainable”.
Para-47 (iii) of the said decision.
“ The electricity Act 2003 and the consumer Protection Act runs parallel for giving redressal to any person , who falls within the meaning of (Consumer) U/S 2(i)(d) of the consumer protection Act or the central Govt. or the state Govt. 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 or under any law”
Advocate for complainant also files objection on the petition filed by O.Ps and files decisions of various courts in support of his claim. Heard. In course of hearing advocate for complainant submitted that in the present C.D.Case complainant is a domestic consumer and therefore a consumer within the meaning of Sec 2(i)(d) of C.P Act . As the complainant is a domestic consumer, the decision in U.P Power Corporation Ltd (Supra) in case of Anis Ahmad is not befitting to this case.
Perused the order passed by Hon’ble state C.D.R. Commission Cuttack, Odisha in R.P No. 25 of 2020. In Para 6 of the Order it has been decided by the Hon’ble state C.D.R. Commission Cuttack, Odisha. In view of the order dtd. 01.07.2020 of the Hon’ble State C.D.R. Commission passed in R.P No. 25 of 2020 we found this Forum is not at liberty to interfere in the above order. We have no other way than to dismiss the complaint petition & dispose off as per the above order.
Hence the case is dismissed without cost on any parties.
