JUDGMENT :

ANIL KSHETARPAL, J.

1. The petitioner-Company, a public sector undertaking, is a distribution licensee in the State of Punjab in terms of the Electricity Act, 2003. It is in the business of supplying electricity to the consumers in the State of Punjab. The petitioner prays for issuance of a writ in the nature of Certiorari to set aside the order dated 16.09.2019 passed by Consumers Grievances Redressal Forum, Ludhiana ordering the refund of an amount of Rs. 2,98,85,000 approximately to respondent no. 1.

2. Before this Court proceeds to adjudicate upon the dispute, a brief background of the scheme of the Act, the scope of power of the Punjab State Electricity Regulatory Commission and the Consumer Grievances Redressal Forum, shall be required to be examined. Section 82 of Electricity Act, 2003 (hereinafter referred to as the ‘2003 Act’) provides for constitution of the State Electricity Commission in each State. The functions of the State Electricity Commission are provided under Section 86 of the 2003 Act. Section 86 (1) enables the State Electricity Commission to determine the tariff. Section 86 is extracted as under:-

“86. Functions of State Commission:

(1) The State Commis