ACCOUNTS OFFICER, JHARKHAND STATE ELECTRICITY BOARD AND ANR. versus ANWAR ALI

ACCOUNTS OFFICER, JHARKHAND STATE ELECTRICITY BOARD AND ANR. versus ANWAR ALI

Since the National Commission failed to address whether a consumer of electricity is covered by the definition of 'consumer' under Section 2(o) of the Consumer Protection Act, 1986, and did not decide the factual dispute on service of notice, the impugned order is set aside and the matter is remitted to the National...

Source-derived case information.

Parties
Appellant: Accounts Officer, Jharkhand State Electricity Board and another; Respondent: Anwar Ali
Jurisdiction
India
Judgment Date
09 October 2007
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission in R.p. No. 355 of 2004
Outcome
Appeal partly allowed; orders of lower forums set aside to the stated extent; matter remitted to National Commission.
Legal Topics
Definition of Consumer Under Consumer Protection Act, 1986, Jurisdiction of Consumer Forum, Electricity Supply Interruption, Award of Compensation
Consumer Law Electricity Law Definition of Consumer Under Consumer Protection Act, 1986 Jurisdiction of Consumer Forum Electricity Supply Interruption Award of Compensation

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Parties

Accounts Officer, Jharkhand State Electricity Board and another

Appellant

Anwar Ali

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission in R.p. No. 355 of 2004

Legal Issues

  1. 1 Whether a consumer of electricity is covered under the definition of 'consumer' as per Section 2(o) of the Consumer Protection Act, 1986
  2. 2 Whether notice of disconnection was validly served before discontinuation of electricity supply

Ratio Decidendi

Since the National Commission failed to address whether a consumer of electricity is covered by the definition of 'consumer' under Section 2(o) of the Consumer Protection Act, 1986, and did not decide the factual dispute on service of notice, the impugned order is set aside and the matter is remitted to the National Commission for a positive finding on these issues.

Court Disposition

Appeal partly allowed; orders of lower forums set aside to the stated extent; matter remitted to National Commission.

Orders

  • Matter remitted to National Commission to decide whether a consumer of electricity is covered by Section 2(o) of the Consumer Protection Act, 1986.
  • National Commission to consider the factual dispute regarding service of notice dated 20.12.1999.