Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986; Section 2(o):Beneficial Consumer Jurisdiction - Electricity supply of respondent discontinued by appellant - Board allegedly without serving Notice - Complaint to District Consumer Forum - Forum awarding a sum of Rs. 50,000/- - as compensation to respondent - Upheld by State Commission - Affirmed by National Commission - On appeal, - Held: National Commission did not consider the question as to whether consumer of electricity is a consumer in terms of Section 2(o) of the 1986 Act - Hence, matter remitted to National Commission to record a positive finding on the subject and also to consider the dispute regarding alleged service of Notices - Electricity Act, 2003.Respondent-consumer filed a complaint before the District Consumer Forum that the electricity supply was discontinued by the appellant-Board without notice. The District Forum awarded compensation of Rs.50,000/- along with 12% interest per annum. The order was upheld by the State Consumer Commission and, on appeal, the National Commission affirmed the same. Hence the present appeal.Appellant contended that the District Forum, the State Commission and the National Commission failed to appreciate that the notice of disconnection was given on 20.12.1999 and the disconnection was made on 29.1.2000; and that the definition of 'Consumer' as defined in Section 2(o) of the Act does not cover a consumer of electricity.Respondent-consumer submitted that the District Forum, the State Commission and the National Commission have categorically found that no notice was given prior to disconnection and he has taken a categorical stand that the notice dated 20.12.1999 has not been served on him. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1024 |
Petitioner | Accounts Officer, Jharkhand State Electricity Board And Anr. |
Respondent | Anwar Ali |
SCR | [2007] 10 S.C.R. 905 |
Judgement Date | 2007-10-09 |
Case Number | 4734 |
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