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2025 Supreme(Ker) 2896

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V.MENON
Kerala State Electricity Board Limited, Represented By Its Secretary – Appellant
Versus
Pooja Milk Foods (P) Ltd, Regd., Represented By Director – Respondent


Advocates Appeared:
For the Appellants : Sri. Riji Rajendran.
For the Respondent: Shri. C.K. Karunakaran, K.V. Krishnakumar, Lekshmi P. Nair, Shifna Muhammed Shukkur, Krishna Suresh, Mekha Manoj.

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 CGR

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