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.(a). There is no want of jurisdiction of the forum constituted under the Consumer Protection Act in matters of consumer grievances of deficiency of service in the supply of electricity by the licensees and service providers under the Electricity Act, 2003 ;
 
.(b). The proceedings under Sections 126, 127, 135, 56, etc. of the Electricity Act initiated by the Service Providers are not for redressal of grievances of the consumers but are for redressal of the grievances of the service providers.
 
In our view, at the stage of initiation of the proceeding, apparently, the Consumer Fora would have no jurisdiction.
 
The next question would be when final order is passed under section 126 whether consumer can file complaint under Consumer Protection Act, 1986 or whether he should avail of only appellate remedy as provided under section 127 of the Electricity Act?
 
In our view, for this purpose, we have to refer to Section 3 of the Consumer Protection Act, 1986, and, also Section 175 of the Electricity Act, 2003. Both the aforesaid provisions specifically provide that the provisions of the Consumer Protection Act, 1986 as well as the Electricity Act are in addition to and not in derogation of any of the provisions of any other law for the time being in force. This would mean that the consumer has option either to file a complaint under the Consumer Protection Act, 1986 or to file appeal under section 127 of the Electricity Act against the order which is passed under section 126 of the Electricity Act.
2.      The important question posed by the Honble Supreme Court for consideration of the Commission has two limbs: (i) whether a person who is aggrieved in regard to the assessment of charges for unauthorized use of electricity as provided under section 126 of the Electricity Act can be said to be consumer within the meaning of section 2(O) of the Consumer Protection Act, 1986 and (ii) whether having regard to the scheme and provisions of the Electricity Act, 2003, matters relating to the assessment of duty for unauthorized usage of electricity, tampering of meters, calibration of electric current falling under section 126 of the Electricity Act, are the matters over which the consumer fora can have jurisdiction.
 

          It may be noticed that clauses (iii) through a tampered meter and (iv) for the purpose other than for which the usage of electricity was authorized, appearing in the explanation are paramateria to clauses (d) and (e) of sub-section (1) of section 135 of the Electricity Act relating to Theft of Electricity.   However, legislature in its wisdom has kept these provisions under two categories for obvious reasons.  Not only that section 126 of the Electricity Act embodies principle of natural justice but by virtue of section 127 an appellate forum has been provided in the form of Appellate Authority to challenge the orders passed by the Assessing Officer.  This is subject to the condition that appeal so preferred by an aggrieved person shall only be entertained when an amount equal to half the assessed  amount has been deposited by the aggrieved person.  Sub-section (3) of section 127 again provides that the Appellate Authority shall dispose of the appeal after hearing the parties.  Sub-section (4) makes the order of the Appellate Authority final in the matter. It is pertinent to note that not only that order passed by the Appellate Authority has been made final but by virtue of section 145, the jurisdiction of the civil court has been excluded to entertain any suit or proceedings in respect of any matter which an Assessing Officer referred to in section 126 or an Appellate Authority referred to in section 127 has passed.  It clearly brings out the intention of the legislature that the orders passed under section 126 and 127 are not to be interfered even by a Civil Court.  That being so, can it be said that the  jurisdiction of consumer fora is not barred to entertain a complaint in respect of these matters.  The answer is again in the negative.