'Consumer Protection Act Prevails Even When Alternate Remedies Are Available', West Bengal State Commission Remands Electricity Matter Back

The State Consumer Disputes Redressal Commission, West Bengal (Siliguri Circuit Bench) comprising Mr Kundan Kumar Kumai (President) and Mr Swapan Kumar Das (Member) remanded a matter back to the District Commission related to a discrepancy in billing amount issued by the West Bengal State Electricity Distribution Co. Ltd. The State Commission held that the District Commission erroneously dismissed the complaint on the basis that it was not empowered to adjudicate on the issue. Rather, consumers can adjudicate on all types of complaints and the Consumer Protection Act complements other remedies and is not in derogation of other laws. Brief Facts: M/s Ahedul Hoque (“Complainant”) used to procure electricity from West Bengal State Electricity Distribution Co. Ltd. (“Respondent”). The Complainant paid his last bill on 08.09.2015 but after that, no one came to check the meter. Despite this, the Respondent sent a bill within the due date with an amount of Rs. 1,67,059/- and a bill after the due date with a further amount of Rs. 1,67,059/-. The Complainant contended that it had not consumed so many units and he was charged unnecessarily. A legal notice was sent to the Respondent. However, no resolution was reached. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Malda, West Bengal (“District Commission”). The Respondent contended that the bills were prepared online and there was no discrepancy in such issuance. The District Commission dismissed the complaint based on the reason that it was not empowered to adjudicate on such matters. Dissatisfied with the order of the District Commission, the Complainant filed an appeal in the West Bengal State Consumer Disputes Redressal Commission, Siliguri Circuit Bench (“State Commission”). Observations by the Commission: The State Commission relied on the principles set forth by the Supreme Court which empower consumers to adjudicate on all types of complaints considering Section 3 and Section 100 of the Consumer Protection Act, 1986 and the Consumer Protection Act, 2019, respectively. The State Commission referred to Section 3 specifically which lays down that the Consumer Protection Act complements other remedies and is not in derogation of other laws. It prevails over other laws, subject to the consumer's choice to avail of the remedy under it, even if alternate remedies are available. As a result, it was held that the District Commission erroneously passed the impugned order without going into the merits of the complaint. The matter was remanded back to the District Commission for a fresh hearing. The appeal succeeded.

'Consumer Protection Act Prevails Even When Alternate Remedies Are Available', West Bengal State Commission Remands Electricity Matter Back

Smita Singh

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