AP HIGH COURT HELD THAT
Electricity Act — Section 42(5) — Consumer Fora jurisdiction — Not barred by existence of Electricity Redressal Forum (Paras 3–6)
Issue: Whether District Consumer Commission lacks jurisdiction in disputes relating to electricity matters because of remedy under Section 42(5) of the Electricity Act, 2003.
Facts: Andhra Pradesh Eastern Power Distribution Company Limited challenged orders of District Consumer Commissions contending that grievances relating to electricity supply and compensation could be adjudicated only by Consumer Grievance Redressal Forum constituted under Electricity Act.
Held: Following earlier Division Bench judgment in APSPDCL v. State of Andhra Pradesh, Court held that provisions of the Electricity Act do not oust jurisdiction of Consumer Fora under the Consumer Protection Act, 2019; remedy under Section 42(5) is only additional and not exclusive. (Paras 3–6)
Consumer Protection Act — Additional remedy — Electricity disputes — Concurrent jurisdiction (Para 5)
Issue: Whether affected persons can simultaneously invoke remedies under Consumer Protection Act despite remedies under Electricity Act.
Facts: Petitioners argued that victims of electrical accidents and electricity disputes must approach only forums constituted under Electricity Act.
Held: Sections 173 to 175 of the Electricity Act make it clear that remedies under Consumer Protection Act operate in addition to remedies under Electricity Act; affected persons are entitled to approach Consumer Fora for redressal. (Para 5)
Writ jurisdiction — Alternative statutory remedy — Relegation to appellate remedy under Consumer Protection Act (Paras 5–7)
Issue: Whether writ petitions challenging orders of Consumer Commissions should be entertained.
Facts: Electricity authorities questioned orders passed by District Consumer Commissions directly before High Court though appellate remedies were available under Consumer Protection Act, 2019.
Held: Since statutory appeals are available against orders of Consumer Fora and disputed questions are matters for adjudication before appropriate forums, writ petitions were dismissed granting liberty to avail alternative remedies under Consumer Protection Act. (Paras 5–7)
