Electricity Act, 2003 — Sections 173, 174 & 175 — Electricity Act, 2003 and Consumer Protection Act, 1986

August 27th, 2013

Electricity Act, 2003 — Sections 173, 174 & 175 — Electricity Act, 2003 and Consumer Protection Act, 1986 — Inconsistency between, Effect of — Held, in case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, 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” or “complaint” — Consumer Protection Act, 1986 — Sections 2(1)(o) & 2(1)(c) — Redressal of dispute.

(Para 43 & 47(i))

HELD: The inconsistency would arise only if the provisions of the Electricity Act, 2003 run counter to the provisions of the Consumer Protection Act, 1986 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.

(Para 43)

Uttar Pradesh Power Corporation Ltd. v. Anis Ahmad[Bench Strength 2], Civil Appeal No. 5466/2012 (Arising out of SLP (C) No. 35906/2011)(01/07/2013), 2013(9) SCALE 334 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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