W.P.(C)/4167/2024 of OM PRAKASH Vs BSES RAJDHANI POWER LIMITED AND OTHERS

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4167/2024

OM PRAKASH

.....Petitioner

Through: Mr. Faiz Imam, Adv.

versus

BSES RAJDHANI POWER LIMITED AND OTHERS

.....Respondents

Through: Mr. Rishabh Raj Jain, SC for BSES with Mr. Sharique Hussain, Adv. with Mr. Sharique Hussain, Adv.

Mr. Anup Kumar Dass, Mr. Nairit Bansal and Ms. Medhavi Bansal, Advs. for R-2 & 3 Bansal and Ms. Medhavi Bansal, Advs. for R-2 & 3

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAVO R R% 09.09.2024

1.Looking at the grievance raised in the instant writ petition which relates to installation of electricity meter in the name of the petitioner, the same can be agitated before the Consumer Grievance Redressal Forum (CGRF) in terms of Section 42(5) of the Electricity Act, 2003.

2.The Court in W.P.(C)10079/2024 has considered almost similar controversy and has held as under:-

“13. In the case of Maharashtra Electricity Regulatory Commission v. Reliance Energy Ltd., the Supreme Court held that since the Act of 2003 has created CGRF, all the individual grievances of consumers have to be raised before such forum only. While affirming the decision passed by this Court in Suresh Jindal v. BSES Rajdhani Power Ltd. & Ors. and Dheeraj Singh v. BSES Yamuna Power Ltd., wherein, it was held that the CGRFand the Ombudsman has the authority to pass an

interim order as well, the Supreme Court further held that Sections 42(5) and 42(6) provide complete machinery for redressal of grievances of the consumers. The Supreme Court in the said case remitted the matter back to the CGRF for adjudication on merits. The relevant paragraphs of the decision in Reliance Energy (supra) are extracted as under:-

“33. As per the aforesaid provision, if any grievance is made by consumer, then they have remedy under Section 42(5) of the Act and according to sub-section (5) every distribution licensee has to appoint forum for redressal of grievances of the consumers. In exercise of this power the State has already framed the Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003 (hereinafter referred to as “the 2003Regulations”) and created Consumer Grievance Redressal Forum and Ombudsman. Under these 2003 Regulations proper forum forredressal of the grievances of individual consumers has been createdby the Commission. Therefore, now by virtue of sub-section (5) ofSection 42 of the Act, all the individual grievances of consumers haveto be raised before this forum only. In the face of this statutory provision we fail to understand how could the Commission acquire jurisdiction to decide the matter when forum has been created under the Act for this purpose. The matter should have been left to the said forum. This question has already been considered and decided by Division Bench of the Delhi High Court in Suresh Jindal v. BSES Rajdhani Power Ltd. [(2006) 132 DLT 339 (DB)] and Dheeraj Singh v. BSES Yamuna Power Ltd. [Ed. : (2006) 127 DLT 525 (DB)] and we approve of these decisions. It has been held in these decisions that the forum and ombudsman have power to grant interim orders. Thus acomplete machinery has been provided in Sections 42(5) and 42(6)for redressal of grievances of individual consumers. Hence wherevera forum/ombudsman have been created the consumers can onlyresort to these bodies for redressal of their grievances. Therefore, notmuch is required to be discussed on this issue. As the aforesaid twodecisions correctly lay down the law when an individual consumerhas grievance he can approach the forum created under sub-section(5) of Section 42 of the Act.

34. In this connection, we may also refer to Section 86 of the Act which lays down the functions of the State Commission.

Sub-section (1)(f) of the said section lays down the adjudicatory function of the State Commission which does not encompass within its domain complaints of individual consumers. It only provides that the Commission can adjudicate upon the disputes between the licensees and generating companies and to refer any such dispute for arbitration. This does not include in it an individual consumer. The proper forum for that is Section 42(5) and thereafter Section 42(6) read with the Regulations of 2003 as referred to hereinabove.”

14. Notably, the decision of this Court in the cases of Abhijit Anand v. Chairman Delhi Electricity Regulatory Commission and Ashok Yadav v. BSES Rajdhani Power Limited also aid to the similar position of law ashas been rendered in the case of Ram Kishan (supra).

15. It is thus safely discernible from the aforementioned decisions that the submissions which have been made by the petitioner in the instant petition can also be looked into by the concerned authority which is provided under the Act of 2003.”

3.In view of the aforesaid, reserving the liberty in favour of the petitioner to agitate the grievance before the CGRF, the instant writ petition stands disposed of.

4.Needless to state that in case the petitioner approaches the CGRF, let his grievance be dealt with due expedition.

5.The petitioner shall be at liberty to enclose copy of the instant writ petition alongwith all annexures and copy of the order passed today before the CGRF.

SEPTEMBER 9, 2024 p‟ma

PURUSHAINDRA KUMAR KAURAV, J.