The main legal point established in the judgment is that if a statutory forum is created for redressal of grievances, a writ petition should not be entertained ignoring such statutory dispensation.

JUDGMENT :

1. The present writ petition has been filed for issuance of direction upon the respondent nos.4 to 6 to show cause as to how and under what authority of law, the petitioner’s application for grant of fresh electrical connection with respect to a contract demand of 40 KW under Low Tension Industrial Services category has been rejected on 17th December, 2021. Further prayer has been made for issuance of direction upon the respondents to grant fresh electrical connection in favour of the petitioner. The petitioner has also prayed for issuance of direction upon the respondents to pay compensation, as the respondents have illegally rejected its claim for grant of fresh electrical connection.

2. Mr. Gaurav Raj, learned A.C. to Mr. Sachin Kumar, learned Sr. S.C., JBVNL, raises preliminary objection with regard to maintainability of the writ petition and submits that this Court vide order/judgment dated 21st December, 2021 passed in W.P.(C) No.3650 of 2020 has held that a complaint can be filed by a person before the Electricity

3. Dispute Redressal Forum constituted by a distribution licensee under Section 42(5) of the Electricity Act, 2003, if the said distribution licensee refuses to grant fresh electrical connection.

4. On perusal of the aforesaid judgment referred to above by the learned counsel for the respondent-JBVNL, this Court, after discussing the provisions of the Electricity Act, 2003; Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2015; and Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers, Electricity Ombudsman and Consumer Advocacy) Regulations, 2020, has held as under:-

“19. It is now well settled that though no legislative enactment can override or curtail the power of judicial review of High Court as conferred by the Constitution of India under Article 226 which is the basic feature of constitution, yet if a statutory forum is created for redressal of grievances, a writ petition should not be entertained ignoring such statutory dispensation.

20. Electricity Act, 2003 is a legislative mandate to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Regulatory Commission and establishment of Appellate Tribunal. The preamble of the Act, 2003 speaks about its aim for taking care of various aspects including protecting interest of consumers. It is evident from the Regulations, 2020 framed by the Jharkhand State Electricity Regulatory Commission that the constitution of Forum(s) is statutorily required which shall consist three members in which one member is required to be a judicial officer holding the post not below the rank of Additional District Judge having 20 years of experience in judicial work and the second member should be possessing degree in Electrical Engineering/Electrical & Instrumentation/Electrical and Electronics having 20 years of experience in the Transmission, Distribution and Trading of Electricity or shall be at least a CA/ICWA or MBA (Finance) with 20 years of experience and knowledge of Accounts and Finance. The third member shall be independent Member, who shall be representative of a registered society/NGO/consumer organization having 5 years of experience in consumer-related matters. Thus, the Forum so constituted deserves to be treated as statutory body consisting of the adjudicators having due expertise of their relevant fields and capable of providing redressal of the grievances of the aggrieved persons. In such circumstance, the scope of judicial r