Consumer Forums Do Not Have Jurisdiction To Entertain Complaints Of Pending Electricity Bills Under Electricity Act, 2003: Bihar State Commission
The State Consumer Disputes Redressal Commission, Bihar bench of Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums cannot entertain complaints filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003 Brief Facts: The...
The State Consumer Disputes Redressal Commission, Bihar bench of Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums cannot entertain complaints filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003
Brief Facts:
The Complainant's electricity connection was provided by Bihar State Electricity Board (“Department”). Allegedly, he registered for a domestic connection with consumer number '10890'. Later, his supply line was disconnected. However, the Department still sent an electricity bill amounting to Rs. 5,34,257/- to him. As per the Department, the Complainant's consumer number was '10891' and he availed a commercial connection, not a domestic connection. Further, the tariff rate was higher for commercial connections and consumer no. '10890' belonged to another individual named Ajay Kumar.
Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Bettiah, Bihar (“District Commission”). The District Commission allowed the complaint and directed the Department to pay Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs to the Complainant.
Dissatisfied by the decision of the District Commission, the Department filed an appeal before the State Consumer Disputes Redressal Commission, Bihar (“State Commission”).
Observations of the State Commission:
Without going into the merits of the impugned order, the State Commission held that the District Commission had no jurisdiction to entertain the complaint due to its subject matter. Reliance was placed on the case of U.P. Power Corporation and Others vs Anis Ahmad [(2013) 13 SCR 388], where it was held that consumer forums cannot entertain complaint filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003.
The State Commission determined that the dispute between the Complainant and the Department was related to the impugned bills of his electric supply connection. Therefore, it was covered under the aforementioned sections of the Electricity Act, of 2003.
Consequently, the Department's appeal was allowed, and the order of the District Commission was set aside.
Case Title: Vijay Kumar vs Executive Engineer, Electricity and Anr.
Case No.: Appeal No. 218 of 2018
Advocate for the Appellant: Dhananjay Kumar
Advocate for the Respondent: Shrikant Sharan
Date of Order: 01.07.2024