PUNJAB STATE ELECTRICITY BOARD Vs. SURINDER MALHOTRA

JUDGEMENT

(1.) THIS is an appeal against the order dated 16.1.2001 of the District Forum, Ludhiana by which the complaint of the complainant was allowed in the following terms:

(2.) WE have heard the learned Counsel for the parties. Admittedly, respondent -complainant had taken resort to another remedy of approaching the Disputes Settlement Committee constituted by the PSEB. The decision of the Disputes Settlement Committee was given against the complainant on 27.8.1999. The decision has been produced before us which is ordered to be placed on record as Annexure A .

(3.) THIS Commission recently considered a similar matter in Appeal No. 1049 of 2000 titled as PSEB v. M/s Anand Finishers, decided on 18.8.2005 where we had accepted the appeal of PSEB holding that in such circumstances, the complaint before the District Forum under the Consumer Protection Act is not maintainable. There may be two remedies or even more than two available to a person to raise his grievance. Having chosen one remedy, the consumer cannot resort to the other remedy. He must pursue to the remedy already taken to its logical end. According to us, the case is fully covered in favour of the Electricity Board vide our aforesaid judgment. Consequently, we hold that the complaint was not maintainable before the District Forum under the circumstances of the case.