Consumer Forum constituted under the
Consumer Protection Act, 1986 were maintainable and; b) whether the
Consumer Forum has jurisdiction to entertain a complaint filed ... ground (ii) Consumer fora constituted under the Consumer Protection
Act would have jurisdiction to entertain only the complaints filed by
a consumer of electricity alleging
under the Consumer Protection Act, 1986 (for short,
`the Consumer Act ').
(b) the District Forums could not have adjudicated
upon the complaints filed ... facts
leading to the passing of orders by three Consumer Forums,
which have been impugned in Civil Appeal
Consumer Protection
Regulations, 2005 have been framed. Regulation 26 of these
Regulations specifically provides that in all the proceedings
before the consumer forum endeavour shall ... that even though the consumer
redressal fora utilized summary proceedings, that "does not
mean that proceedings before the Consumer Forum [are] to be
decided
under the Consumer Protection
Act . However, if he chooses to file a complaint
in the first instance before the competent
Consumer Forum, then he cannot ... that complaint under Consumer Protection Act being
a special remedy, despite there being an arbitration
agreement the proceedings before Consumer Forum have
Consumer
Protection Act, 1986 is directed against an order of the
National Consumer Disputes Redressal Commission, New Delhi
(hereinafter the "National Consumer Forum ... Forum is very brief. While
dismissing the complaint and relegating the appellant to
approach either the District Forum or the State Commission,
the National Consumer
cannot be treated as a consumer; and (ii)
that the complainant is not a consumer within the definition of
`consumer ... ambit of Section 2(1)(o)
of the Consumer Protection Act and, therefore, the consumer
forum has jurisdiction to adjudicate upon the case
petitioner
had, before filing the writ petition, approached the District Consumer
Forum, Chamoli but the same was not decided because the term of two
members ... District Consumer Forum had expired and till the filing
of the petition new members were not appointed and hence the District
Consumer Forum, Chamoli
jurisdiction of
the Consumer Fora should not be curtailed unless there is an express provision
prohibiting the Consumer Forum to take up the matter which ... complaint under the Consumer Act . However, if he chooses to file a complaint in
the first instance before the competent Consumer Forum, then he cannot
Tamilnadu Act and
Forums were provided, it could not take away or exclude the
jurisdiction conferred on the Forums under the Consumer Protection
Act , expressly ... Court and that Consumer
Protection Act, 1986 provides only an additional remedy but does not
confer jurisdiction on a Consumer Forum
plea that she
is not a consumer within the definition of a consumer under the Consumer
4
Protection Act. It is further contended that after ... Civil Court, such power cannot be exercised by the
consumer forum having limited jurisdiction. Lastly it is contended that
when the special statute creates
