CGRF decisions bind the licensee as part of its governance framework, asserting consumer rights under the Electricity Act, 2003.

JUDGMENT :

A. Muhamed Mustaque, J.

These intra-court appeals call for a decision on the interpretation of modern legislation in the context of the policy of liberalisation protecting the interests of consumers of public utility services.

2. The appellant is the Kerala State Electricity Board and its officials (hereinafter referred to as the ‘licensee’). The licensee approached this Court in a writ petition, challenging an order of the Consumer Grievance Redressal Forum (hereinafter referred to as the ‘CGRF’). CGRF is established by the licensee themselves as mandated under the Electricity Act, 2003 (hereinafter referred to as the “Act”). The statutory provision under Section 42 (5) of the Act mandates licensees to establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission. The State Commission is a statutory body constituted under Section 82 of the Act and known as the State Electricity Regulatory Commission.

3. The learned Single Judge who heard the matter accepted the objection raised by the respondent-consumer on the question related to maintainability. The learned Single Judge was of the view that CGRF is an institutional grievance redressal forum maintained by the licensee and in the light of the Regulation 27(5) of the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations 2005, (hereafter referred as the “2005 Regulations”) a licensee is bound by awards/orders/directions of CGRF and it is not open for the licensee to challenge such awards, orders or directions of the CGRF by invoking writ remedies.

4. We heard the learned Standing Counsel for the Electricity Board, Shri Riji Rajendran, assisted by Adv. Mitha Sudhindran. The articulated arguments of the learned Standing Counsel in elaboration are to bring home the point that CGRF is a quasi-judicial body, statutorily constituted, and therefore, there is no difficulty in questioning such awards/orders/directions by invoking writ remedies. The learned Standing Counsel pointed out the nature and functions of CGRF while taking action on a complaint. He particularly pointed out the whole of Regulations 10 to 12 of the 2005 Regulations. Thus, the learned Standing Counsel argued that these Regulations show that CGRF is a statutorily constituted quasi-judicial body and will have to function independently of the licensee. He placed reliance on the following judgments of the Apex Court in High Court of M.P. v. Mahesh Prakash [ (1995) 1 SCC 203 ], Maharashtra Electricity Regulatory Commission v. Reliance Energy Ltd. [(2007) 8 SCC 381 ], Express Newspaper (P) Ltd. v. Union of India [AIR 1958 SC 578], Village Panchayat, Calangute v. Director of Panchayat [(2012) 7 SCC 550], Airports Economic Regulatory Authority of India v. Delhi International Airport Ltd. [2024 KHC 6571] , judgment of a Division Bench of the Andhra Pradesh High Court in Central Power Distribution Company of A.P. Ltd. and Ors. v. The Consumer Grievances Redressal Forum of APCPDCL and Ors. [2019(1)ALD 257], judgment of the Madras High Court in The Executive Engineer and Ors. vs. Consumer Grievance Redressal Forum and Ors. [MANU/TN/5226/2023] and judgment of a Division Bench of this Court in Eminent Sea Foods(P)Ltd v. Kerala State Electricity Board and Others [ (2008) 2 KLT 294 ].

5. Per contra, the learned counsel for the respondent/consumer, Shri C.K. Karunakaran, defending the impugned judgments, submitted that the statutory provision never contemplated licensee questioning the CGRF decision; and that is the reason that under Section 42 (6) of the Act, the consumer alone is given the right to question the order of CGRF before the learned Ombudsman. He fairly agreed that the Ombudsman is an independent body and the decision of the Ombudsman can be questioned before this Court, invoking writ remedies. He placed reliance on the draft Electricity Bill, 2001, introduced in the