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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH, M.S.SAHOO
Executive Engineer, (Electrical) Rayagada Electrical Division – Appellant
Versus
Consumer Grievance Redressal Forum, TPSODL, Jeypore – Respondent
| Table of Content |
|---|
| 1. consumer contract and billing disputes (Para 1 , 2 , 3) |
| 2. contentions regarding grf order validity (Para 4 , 5) |
| 3. analysis of billing practices under lt and ht tariff (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. judicial review principles on expert body findings (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. dismissal of writ petition (Para 18) |
JUDGMENT :
Brief Facts
The writ petition has been filed by the distribution licensee challenging the order dated 30.12.2019 by the Consumer Grievance Redressal Forum at Jeypore, Koraput in Consumer Complaint Case No. 151 of 2019. The earlier licensee had entered into agreement dated 20.05.2015 with the opposite party no.2-Consumer, a Petroleum Filling Outlet. The agreement was for supply of power for a contract demand of 25 KW, at 11 KV supply under General Purpose Low Tension (GPLT). The said agreement has been annexed to the writ petition marked as Annexure-2.
2. The consumer complaint, i.e., C.C.No.151 of 2019 was filed before the Grievance Redressal Forum (GRF) by the consumer on 31.10.2019 pertaining to the billing disputes that arose between the licensee and the consumer. As mentioned in the consumer complaint, the following provisions were r
The distribution licensee cannot impose additional fees for transformer losses on consumers billed at low tension rates, as per established tariff regulations.
Electric distribution companies cannot charge consumers for transformer costs as such charges violate existing regulations; statutory directives from regulatory authorities must be adhered to without....
Commission constituted under Section 17 of the 1998 Act is an expert body and the determination of tariff which has to be made by the Commission involves a very highly technical procedure, requiring ....
The court established that the Consumer Grievance Redressal Forum (CGRF) had jurisdiction to adjudicate individual billing grievances, rejecting the argument that such disputes should be referred to ....
The Consumer Grievance Redressal Forum lacks jurisdiction to direct revisions of energy bills and grant subsidies, which fall under the authority of the Government of Maharashtra.
The main legal point established in the judgment is the consumers' agreement to bear infrastructural costs and purchase meters and metering cubicles, which negated their claim for refund under the Re....
The Consumer Grievance Redressal Forum lacks jurisdiction to revise energy bills or grant subsidies, which are matters for the Government of Maharashtra.
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