The definition of 'Consumer' under the Electricity Act is crucial in determining eligibility for tariff claims.

JUDGMENT

The petitioner challenges Exts.P16 and P20 orders passed by the Consumer Grievance Redressal Forum, Central Zone. The appeal against the same was rejected by the Electricity Ombudsman holding that the appeal was not maintainable. Through Ext.P16, the petitioner, who claimed the benefit of LT-VI D tariff in response to the short assessment notice issued by the Board, approached the Consumer Grievance Redressal Forum which found that the petitioner Society is a Charitable Organisation providing service and assistance to inmates with dementia. It was found that the petitioner did not provide documents to substantiate that the Society qualifies as a charitable hospital/guidance centre under LT- VI D tariff and accordingly, the claim was rejected. Being aggrieved by the order of the Grievance Redressal Forum, the petitioner approached the Electricity Ombudsman which rejected the petitioner's claim through Ext.P20 order, finding that the petitioner can't be treated as a 'complainant' and at the outset, it is stated that the findings of the Ombudsman is clearly wrong as Section 2 (g) of the Electricity Act defines a 'Consumer' which reads as follows:-

“Consumer means any person who is supplied with electricity for his own use by a licensee and includes any person whose premises are connected for the purpose of receiving electricity with the works of a licensee or a person whose electricity supply is disconnected by a licensee or the person who has applied for connection for receiving electricity from a licensee, as the case may be.”

2. As seen from the definition, 'Consumer' means any person who is supplied with electricity for his own use by a licensee and includes any person whose premises are connected for the purpose of receiving electricity. Accordingly, a person in lawful occupation of the premises will answer the description of the consumer and the finding of the Electricity Ombudsman that the petitioner is not a consumer and therefore, will not answer the description of a complainant is clearly wrong.

3. Under such circumstances, without any expression on the merits of the matter as to the tariff is applicable to the petitioner, Ext.P20 is quashed and there will be a direction to the Electricity Ombudsman to re-hear Appeal Petition No. P/039/2023, with notice to the petitioner and other affected parties. Fresh orders, as directed above, shall be passed within two months from the date of receipt of a copy of this judgment.

The impugned order Ext.P20 is quashed. The Writ petition is allowed as above.

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