W.P.(C)/7952/2024 of ABHIJIT ANAND Vs CHAIRMAN DELHI ELECTRICITY REGULATORY COMMISSION & ORS.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R R28.05.2024

CM APPLs.32761/2024 (seeking permission to file lengthy synopsis and list of dates), 32762/2024 (Exemption from filing certified/typed and dim annexures)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 7952/2024

1.The present petition raises grievance as regards non-supply of electricity connection at the premises of the petitioner i.e. H.No.28, Khasra No.67/18, Upper Ground Floor, Right Side, Om Vihar Phase-IV, Uttam Nagar, New Delhi-110059.

2.It is submitted by petitioner that he has already approached Consumer Grievance Redressal Forum (CGRF) for redressal of his grievance. CGRF is also impleaded as respondent no.2 in the present petition.

3.Undisputedly, in terms of the statutory prescription in 42(5) and also in terms of numerous pronouncements of this court, it is incumbent upon the

petitioner to first approach the CGRF for redressal of his grievances.

4.Reference in this regard may be made to the following judgments:

i.Ram Kishan v. N.D.P.L, 2005 SCC OnLine Del 1281;

ii.Order dated 19.03.2021 passed in W.P.(C) 3578/2021 titled Rahul Nath v. Consumer Grievance Redressal Forum Sub-Station Building & Anr.; Nath v. Consumer Grievance Redressal Forum Sub-Station Building & Anr.;

iii.Orders dated 21.07.2021 and 21.09.2023 passed in W.P. (C) 9644/2023 titled as Ashok Yadav v. BSES Rajdhani Power Limited; titled as Ashok Yadav v. BSES Rajdhani Power Limited;

iv.Judgment dated 20.02.2006 in Suresh Jindal v. BSES Rajdhani Power Limited, 2006 SCC OnLine Del 206; and Power Limited, 2006 SCC OnLine Del 206; and

v.MERC v. Reliance Energy Ltd., 2007 (8) SCC 38.

5.It has been noticed in the aforesaid judgements that complete machinery has been provided in Section 42(5) and 42(6) of the Electricity Act, 2003 for redressal of grievances of individual consumers. It has been held that when forum/ombudsman has been created, the consumers can take recourse to these bodies for redressal of their grievances. The same shall necessarily be subject to further legal remedies of the concerned petitioner.

6.Accordingly, the petitioner is directed to make fresh representation/petition before the CGRF, which is directed to consider the grievance of the petitioner and dispose of the petitioner’s representation/complaint as expeditiously as possible and preferably within period of three weeks from the date of receipt thereof.

7.With the aforesaid directions, the present petition is disposed of.

MAY 28, 2024/cl

SACHIN DATTA, J