1. Respondent Sanjay Kedia was found involved in unauthorized use of electricity within the meaning of Section 126 of the Electricity Act, 2003. He made a complaint to the Electricity Consumer Disputes Redressal Forum, Bilaspur for redressal of his grievance. The said Forum entertained the dispute and issued certain directions by the impugned order. Feeling aggrieved against that order, this writ petition has been preferred by the licensee Company stating inter alia that under Section 42 (5) of the Electricity Act, 2003, the Chhattisgarh State Electricity Regulatory Commission (Redressal of Grievances of Consumers) Regulations, 2007 has been enacted in which unauthorized use and theft of electricity is covered under Section 126 of the Electricity Act, 2003 and Section 135 of the Electricity Act, 2003 is not covered by the grievances to be raised in the Forum constituted under Section 42 (5) of the said Act and therefore, the said Forum had no jurisdiction to entertain the complaint and issue certain directions to the petitioner Company.

2. Mr. Sunil Otwani, learned counsel for the petitioners, would submit that unauthorized use of electricity is covered under Section 126 of the Electricity Act, 2003 and therefore the Forum has no jurisdiction in view of clause (f) of Regulation 4 (1) of the Regulations, 2007 under which “grievance” or “complaint” has been defined. Therefore, the order passed by the Electricity Consumer Disputes Redressal Forum is without jurisdiction and without authority of law.

3. No one has appeared for the respondent, though served.

4. I have heard learned counsel for the petitioners and perused the order impugned.

5. For the sake of convenience, in order to decide the dispute, it would be appropriate to notice certain provisions of the Electricity Act, 2003. Section 42 of the said Act refers to duties of distribution licensee and open access. Sub-section (5) of Section 42 of the Electricity Act, 2003 reads as follows: -

“(5) Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission.”

6. The Chhattisgarh State Electricity Regulatory Commission (Redressal of Grievances of Consumers) Regulations, 2007 has been framed in exercise of power conferred under sub-sections (5), (6) and (7) of Section 42 of the Electricity Act, 2003 in which the definition of “grievance” or “complaint” has been defined. Sub-clause (v) of clause (f) of Regulation 4 (1) of the Regulations, 2007 reads as under: -

“(f) “Grievance” or “Complaint” means a grievance or complaint regarding any of the following :

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(v) electricity bill related complaints not relating to unauthorized use and theft of electricity covered under sections 126 and 135 of the Act;

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7. Section 126 of the Electricity Act, 2003 provides for assessment. Sub-section (1) of Section 126 reads as follows: -

“126. Assessment.—(1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.”

8. A careful perusal of the aforesaid provisions would show that the Forum constituted under Section 42 (5) of the Electricity Act, 2003 is not conferred with the jurisdiction to entertain the dispute relating to unauthorized use of electricity. The complete procedure has been prescribed therein and there is a provision of appeal to the appellate authority under Section 127 of the Electricity Act, 2003. Thus, the grievance of the consumer/respondent, parti