Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 2003 - ss. 126 and 135 to 140 - Complaint before Consumer Forum against final order of assessment made u/s. 126 of the Electricity Act or action taken u/s s. 135 to 140 of the Electricity Act - Maintainability of - Held: A "complaint" against assessment made by assessing officer u/s. 126 or against offences committed u/ss. 135 to 140 of the Electricity Act is not maintainable before a Consumer Forum - The Electricity Act and the Consumer Protection Act run parallel for giving redressal to any person, who falls within meaning of "consumer" u/s.2(1 )(d) of the Consumer Protection Act or the Central Government or the State Government or association of consumers but it is limited to 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 ' x ..,· provider has charged a price in excess of the price fixed by I or under any law" - In case of inconsistency between the . Electricity Act and the Consumer Protection Act, the provisions of Consumer Protection Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning of "service" as defined u/s.2 (1) (o) ).or "complaint" as defined u/s.2(1 )(c) of the Consumer Protection Act - Consumer Protection Act, 1986 - s.2(1)(c), 2(1)(d) and 2(1)(o). |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 394 |
Petitioner | U.p. Power Corporation Ltd. And Ors. |
Respondent | Anis Ahmed |
SCR | [2013] 13 S.C.R. 388 |
Judgement Date | 2013-07-01 |
Case Number | 5466 |
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