The definition of 'complainant' under the 2023 Regulations restricts complaints to electricity consumers directly affected by unsafe services, barring third-party complaints.

JUDGMENT

These Writ Petitions are intrinsically connected and can be conveniently disposed of by a common judgment. While WP(C) No.27574/2024 has been filed to implement order No.CGRF-CR/OP No.120/2023-24 of the Consumer Grievances Redressal Forum, Central Region (hereinafter referred to as the CGRF), WP(C) No.28394/2024 has been filed by the Kerala State Electricity Board (hereinafter referred to as the KSEB) seeking to set aside the order of the CGRF. The Exhibits referred to in this judgment are as they are marked in WP(C) No.28394/2024 and the parties are also referred to as they are arrayed in WP(C)No.28394/2024 unless specifically indicated otherwise.

2. The brief facts are that the 2^nd respondent approached the CGRF, Central Region and raised a complaint that a 11 KV line known as the Pathirapilly feeder line passing through Ward No.8 of Mararikkulam South Grama Panchayat is in a dangerous situation and causes inconvenience to a large number of families and so it should be shifted and the load must be transferred to another line. The CGRF, through the order dated 08/05/2024 allowed the petition filed by the 2nd respondent and directed as follows:

“1. That it is ordered the respondent shall shift the load of 11 KV line of Pathirapally Feeder of Kalavoor Electrical section to 11 KV Excel Glass Feeder and to make complaint portion of line as dead, within two weeks from the receipt of this order.

2. This Forum further orders that after completing the alternative arrangement ordered, that portion of 11 KV line in respect of the complaint, shall be dismantled by the Licensee, under Regulation 96(3) of the Kerala Electricity Supply Code, 2014 .”

2. The KSEB has challenged the order of the CGRF on various grounds including on the ground that the 2^nd respondent has no locus standi to approach the CGRF and file a complaint as in terms of the provisions contained in the Kerala State Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Electricity Ombudsman) Regulations, 2023 , (hereinafter referred to as the 2023 Regulation). It is also alleged that the 2^nd respondent is acting at the behest of a private property owner through whose property, the line in question is presently passing and who had requested for shifting of the line. It is stated that the KSEB had agreed to shift the line on the cost of the private property owner, on the said person remitting a sum of Rs.7,29,936/-. The private property owner has thus put up the 2^nd respondent to complaint before the CGRF to shift the line at the cost of the KSEB itself. The KSEB has also taken several contentions regarding the technical feasibility of the directives issued by the CGRF.

3. The learned counsel appearing for the petitioner would submit that the 2^nd respondent has no locus standi to complaint before the CGRF. He placed reliance on the definition of the ‘Complainant’ and ‘Complaint’ in the 2023 Regulations in support of the plea that the 2^nd respondent has no locus standi to approach the CGRF. He also reiterated that the petitioner is a benami of the private property owner who wanted the line shifted to prevent the line from passing over his property. It is submitted that no other person has raised a complaint regarding the line. It is submitted that the line in question has been in place for the past 40 years and till today, there has been no untoward incident warranting its shifting or dismantling on the ground that it is in a dangerous situation. It is submitted that in the aforesaid circumstances, the order of the CGRF is liable to be set aside.

4. The learned counsel appearing for the 2^nd respondent would vehemently oppose the contentions taken on behalf of the petitioner. Firstly, it is submitted that going by the definition of ‘Complainant’ in the 2023 Regulations, any consumer of Electricity supplied by the Licensee as defined under Clause (15) of Section 2 of the Electricity Act, 2003 including applicants for new connections fall within the d