Case: U.P.Power Corporation Ltd.  Vs. Anis Ahmad


Decision:
1[ds](i) In case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, the provisions of Consumer Protection Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning ofas defined under Section 2(1)(o) oras defined under Section 2(1)(c) of the Consumer Protection Act, 1986.(ii) Aagainst the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.(iii) The Electricity Act, 2003 and the Consumer Protection Act, 1986 runs parallel for giving redressal to any person, who falls within the meaning of "consumer" under Section 2(1)(d) of the Consumer Protection Act, 1986 or the Central Government or the State Government or association of consumers but it is limited to the dispute relating to "unfair trade practice"; or a "restrictive trade practice adopted by the service provider"; orthe consumer suffers from deficiency in; orservice provider has charged a price in excess of the price fixed by or under any