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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S. BHARDWAJ
Dakshin Haryana Bijli Vitran Nigam – Appellant
Versus
Forum For Redressal Of Consumer Grievance – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J.
1. Both these writ petitions are being disposed of by a common judgment being interrelated.
2. Brief facts in CWP-26339-2018, titled as 'Dakshin Haryana Bijli Vitran Nigam Through XEN (OP) Division, Fatehabad Vs. Forum for Redressal of Consumer Grievance and others' are as under:-
3. The above case raises a challenge to the order dated 09.07.2018 passed by the Consumer Grievances Redressal Forum (hereinafter referred to as 'CGRF') whereby the directions had been issued to the petitioner distribution licensee to refund the amount charged to a consumer on account of theft of energy and further ordering that the same be recovered from the concerned Junior Engineer, Incharge. A further prayer was made to seek a declaration that the CGRF had no jurisdiction to hear/entertain any complaint in respect of an action taken by the distribution licensee either under Section 126 or Section 135 of the Electricity Act, 2003 especially when a separate procedure/remedy had been provided for the same under the Act.
4. It is averred that respondent No.2- Zile Singh was a consumer of the petitioner distribution licensee having Electricity Account No.CC4D-1236/Meter Sr. No.
The Consumer Grievances Redressal Forum lacks jurisdiction to entertain complaints related to theft of energy under the Electricity Act, which are to be addressed by specific statutory forums.
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....
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 court held that the provisions of the Electricity Act, 2003 override the provisions of the Consumer Protection Act in cases related to theft of electricity and disconnection of supply.
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 Consumer Grievance Redressal Forum lacks jurisdiction to revise energy bills or grant subsidies, which are matters for the Government of Maharashtra.
CGRF decisions bind the licensee as part of its governance framework, asserting consumer rights under the Electricity Act, 2003.
MSEDCL's recovery of excess AEC and FAC charges violated MERC orders, necessitating refunds with interest under the Electricity Act.
Electricity – Regulation 6.6 of the Regulations, 2006 for admitting grievance of a consumer is directory.
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