Consumer Fora Lack Jurisdiction To Deal With Offences Under Electricity Act, 2003: Bihar State Commission

In a recent ruling by the State Consumer Disputes Redressal Commission, Bihar, in the case of North Bihar Power Distribution Co. Ltd. and Anr. vs Kartik Prasad Gupta, the commission held that consumer forums under the Consumer Protection Act, 1986, lack jurisdiction over complaints related to assessments under Section 126 of the Electricity Act, 2003, and actions under Sections 135-140 concerning electricity theft. \r

The case involved a complaint regarding disconnection of electricity supply for a commercial wheat crushing machine due to alleged non-payment, leading to substantial financial losses for the complainant. The State Commission, referencing legal precedents including a Supreme Court decision, concluded that the District Consumer Disputes Redressal Commission had no jurisdiction in this matter due to the nature of the dispute falling under specific provisions of the Electricity Act, 2003. Consequently, the appeal by the power distributor was upheld, overturning the earlier order of the District Commission.