GUJARAT ELECTRICITY BOARD vs M.B.ANTHONI

THIS is a revision application against the ad-interim mandatory order passed by the District Forum. While staying the interim order, we had already observed that the Consumer Forums have no powers like Civil Court enjoyed under the provisions of Civil Procedure Code, Order 39 Rules 1 & 2. The Consumer Forums have also no inherent powers as provided under Section 151 of the Civil Procedure Code. These Forums can pass orders only as enumerated under Section 14 of the Consumer Protection Act, 1986.

MR. Y.S. Lakhani, the learned Advocate appearing for the applicant has drawn our attention that the order passed by the District Forum is in a mandatory form directing the Board to re-connect the power supply without taking reconnection charges and only on the payment of 50% of the Bill. It may be noted that the jurisdiction of the Consumer Forums is in addition to the jurisdiction of the Civil Court. If the parties want interim order, they can obtain such interim orders from the Civil Court or from the High Court. There is an alternative remedy always available to the consumer.

That the Consumer Forums are created under the statute and they can enjoy the powers which are specifically conferred by the statute i.e. the Consumer Protection Act of 1986 and since such a power to pass an interim order having not been conferred specifically by the statute the order passed by the District Forum is without jurisdiction and shall have to be set aside. ORDER The revision is allowed. The order passed by the District Forum Sabarkantha in complaint No. 323/92 dated 18.9.92 is hereby set aside. The District Forum shall fix the date and dispose of the complaint in accordance with law. In the circumstances there will be no order as to costs. Revision allowed.