State Consumer Disputes Redressal Commission
Executive Engineer, Electricity ... vs P.K. Sharma on 6 December, 2023
Revision Petition Executive Engineer 06.12.2023
No. Electricity Distribution Division,
17 of 2021 Jwalapur & Anr.
Vs.
Sh. P. K. Sharma
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN
Date of Institution: 19.10.2022
Date of Final Hearing: 29.11.2023
Date of Pronouncement: 06.12.2023
Revision Petition No. 17 of 2021
1. Executive Engineer
Electricity Distribution Division, Jwalapur
Foundary Gate, BHEL, Haridwar
Tehsil & District Haridwar
2. Sub-Divisional Officer
Uttarakhand Power Corporation Ltd.
Electricity Distribution Division, Jwalapur
Tehsil & District Haridwar
(Through: Sh. Nitin Kumar Garg, Advocate)
......Revisionists
VERSUS
Sh. P. K. Sharma S/o Late Sh. Dharampal Singh
R/o H-3, Harilok Colony, In front of Sabji Mandi Gate
Jwalapur, Tehsil & District Haridwar
.....None for Respondent
Coram:
Ms. Kumkum Rani, Judicial Member II
Mr. B.S. Manral, Member
ORDER
(Per: Ms. Kumkum Rani, Judicial Member II):
The present revision petition has been preferred challenging the impugned order dated 13.01.2021 passed by the learned District Consumer Disputes Redressal Commission, Haridwar in consumer complaint No. 26 of 2020 styled as Sh. P. K. Sharma Vs. Executive Engineer, Electricity 1 Revision Petition Executive Engineer 06.12.2023 No. Electricity Distribution Division, 17 of 2021 Jwalapur & Anr.
Vs. Sh. P. K. Sharma Distribution Division, Jwalapur, Haridwar and another, wherein and whereby the application moved by the opposite parties under Order 7 Rule 11 of CPC and under Section 26 of the Consumer Protection Act was rejected.
2. The facts giving rise to the present revision, in brief, are as such that the revisionists had submitted an application under Order 7 Rule 11 of CPC and under Section 26 of the Consumer Protection Act alleging that the complainant had already filed a complaint case before the Consumer Grievance Redressal Forum, which was decided on 23.03.2019. The complainant subsequently submitted an appeal before the Electricity Ombudsman Uttarakhand, Dehradun with Representation No. 18 of 2019 which was also decided on dated 19.06.2019, therefore, after such decision and order, the Consumer Court has no jurisdiction to entertain the consumer complaint. He further alleged that the petition challenging the order of the Electricity Ombudsman Uttarakhand, Dehradun was submitted before the Hon'ble High Court and the complainant has no right to file two petitions in two different Forums for the same relief. Therefore, the revisional court be pleased to allow the revision petition by setting aside the impugned judgment dated 13.01.2021.
3. Learned counsel Sh. Nitin Kumar Garg for the revisionists has appeared. None has appeared on behalf of the opposite party, therefore, an order to hear the revision ex-parte against the opposite party was passed vide order dated 29.11.2023.
4. We have heard learned counsel for the revisionists and perused the impugned order as well as material available on the record.
5. It is an admitted fact that the complainant had filed a complaint against the bill of the electricity department before Consumer Grievance 2 Revision Petition Executive Engineer 06.12.2023 No. Electricity Distribution Division, 17 of 2021 Jwalapur & Anr.
Vs. Sh. P. K. Sharma Redressal Forum which was decided on dated 23.03.2019. On having been aggrieved by the said order of the Consumer Grievance Redressal Forum, the complainant has further filed Representation No. 18 of 2019 before the Electricity Ombudsman Uttarakhand, Dehradun and the Electricity Ombudsman Uttarakhand, Dehradun has heard the petition and decided the same with elaborate reasoning vide order dated 19.06.2019. The order of the Electricity Ombudsman Uttarakhand, Dehradun is available on record (paper Nos. 17 to 20).
6. We have perused the order of the Electricity Ombudsman Uttarakhand, Dehradun and it is apparent that the complainant has not obtained the desired relief narrated in the complaint from the Electricity Ombudsman Uttarakhand, Dehradun, thereafter the complainant submitted a complaint for the same relief before the Consumer Court. It is an established principle of law that if the complainant had filed a petition for the relief before the competent court for the correction of the bills, thereafter he could not obtain the same relief in the Consumer Commission / Court. Thus, we are of the considered opinion that the complainant cannot file the petition in two different Courts for the same relief.
7. Moreover, it is to mention that the Electricity Act, 2003 is a Special Act and over rides the general law. The Section 181 read with Section 50 of the Electricity Act, 2003 have conferred power on the Regulatory Commission to frame regulations to carry out of the object and the Hon'ble Commission has framed Uttarakhand Regulatory Commission (The Electricity Supply Code) 2007 published in official gazette on 17.04.2007. By virtue of Section 42(5), the law has established in this act a Consumer Grievance Redressal Forum for resolving the dispute in the matter relating to electricity bills. In the matter in hand, the complainant has filed his petition for correction of the electricity bills before the Consumer 3 Revision Petition Executive Engineer 06.12.2023 No. Electricity Distribution Division, 17 of 2021 Jwalapur & Anr.
Vs. Sh. P. K. Sharma Grievance Redressal Forum and thereafter its appeal was submitted by the complainant before the Electricity Ombudsman Uttarakhand, Dehradun. Thus, as per the above provision, the complaint has earlier filed the petition in the competent Forum / Commission. A perusal of the contents of the complaint has transpired that the matter in dispute relates to the correction of the bills and the complainant has early gone to the competent Court / Consumer Grievance Redressal Forum for getting relief of his grievance. If any such competent Court has not given the decision in the dispute in favour of the complainant, then in such circumstances, the complainant cannot again file the consumer complaint for the same relief.
8. Thus, on the appreciation and the discussion hereinbefore held, we are of the opinion that the consumer complaint should not be entertained in the District Commission according to the mandate provisions of law.
9. We are also of the considered view that the District Commission has not appreciated the law as well as the facts and evidence of the case and has passed the impugned order without any jurisdiction. Therefore, we hold that the revision petition is liable to be allowed.
10. Accordingly, the revision petition is allowed. Impugned order dated 13.01.2021 is hereby set aside and the application moved by the revisionists under Order 7 Rule 11 of CPC and under Section 26 of the Consumer Protection Act (paper No. 9) shall stand as allowed and the District Commission has no jurisdiction to entertain the consumer complaint, hence the complaint is hereby dismissed.
11. A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 /2019. The Order be uploaded forthwith on the website of the Commission for the perusal of the 4 Revision Petition Executive Engineer 06.12.2023 No. Electricity Distribution Division, 17 of 2021 Jwalapur & Anr.
Vs. Sh. P. K. Sharma parties. The copy of this order be sent to the concerned District Commission for record and necessary information.
12. File be consigned to record room along with a copy of this Order.
(Ms. Kumkum Rani) Judicial Member II (Mr. B.S. Manral) Member Pronounced on: 06.12.2023 5