VEENA DEVI KATARUKA Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) I have carefully perused the opinion rendered by the Hon'ble President and learned Member Mrs. Rajyalakshmi Rao. While I am in general agreement with most of the observations made and conclusion reached therein but I am not persuaded to agree to the view that there exists any conflict/inconsistency between the provisions of Consumer Protection Act, 1986 and the Electricity Act, 2003 and, therefore, by application of the provisions of Sec. 173, 174 and 175 of the Electricity Act read with Section 3 of the Consumer Protection Act, the Consumer Fora constituted under the Consumer Protection Act would have jurisdiction over the matters relating to assessment of charges/duty for unauthorized use of electricity, etc. provided under Sec. 126 and 127 of Part XII of the Electricity Act, 2003. Therefore, the need to give a separate opinion.

(2.) THE important question posed by the Hon'ble 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 Sec. 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 Sec. 126 of the Electricity Act, are the matters over which the Consumer Fora can have jurisdiction".

(3.) ANSWER to the above question would require in-depth consideration of not only the relevant provisions of two Acts but the scheme and legislative intent behind enacting those enactments. There cannot be denial of the position that the Consumer Protection Act is one of the benevolent pieces of legislation intended to protect a large number of consumers from exploitation at the hands of manufacturers and sellers of goods and service providers. It is equally true that the provisions of Consumer Protection Act are in addition to and not in derogation of the provisions of any other law for the time being in force. Therefore, its provisions are entitled to liberal construction. On the other hand, the Electricity Act is also a comprehensive piece of legislation and a complete code in regard to the matters concerning the supply of electricity and various allied matters. The said Act was brought on the statute book much after the enactment of the Consumer Protection Act which was in existence ever since 1986.