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S. M. SUBRAMANIAM
Ramprasad Tubes and Bars (P) Ltd. – Appellant
Versus
Tamil Nadu Electricity Regulatory Commission – Respondent
ORDER :
1. The order dated 10.12.2015 issued by the third respondent-Superintending Engineer, is under challenge in the present writ petition.
2. The petitioner-Company is involved in the manufacture of cast iron and SG iron castings having High Tension Electricity Supply.
3. The issue involved in the present writ petition is the alleged non-levy of penalty.
4. Aggrieved by the demand, the petitioner preferred an appeal before the Consumer Grievance Redressal Forum constituted under Regulations Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004 and Electricity Act, 2003. However, no proper Forum was constituted in accordance with the provisions of Regulations and the third respondent-Superintending Engineer unilaterally had taken a decision and passed the impugned order.
5. The learned counsel for the petitioner reiterated that the procedure adopted by the third respondent-Superintending Engineer is in violation of the Regulations and further the power conferred on the Competent Forum has been usurped by the third respondent-Superintending Engineer without any authority of law. Thus the order impugned is untenable.
6. The Consumer Grievance Redressal Forum and its constit
Adherence to prescribed procedures for constituting the Consumer Grievance Redressal Forum and the independence of the Chairman from the initial decision-making authority are crucial in ensuring fair....
Writ petition dismissed for non-prosecution and non-exhaustion of available appeal remedy.
The court ruled that a distribution licensee cannot maintain a writ petition against the decisions of its own Consumer Grievance Redressal Forum, which operates as an internal mechanism under the Ele....
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