Dakshin Haryana Bijli Vitran Nigam vs Forum For Redressal Of Consumer Grievance And Others

Headnote AI-drafted · Reviewed and approved

Two connected writ petitions were disposed of by a common judgment raising interrelated questions concerning the jurisdiction of the Consumer Grievances Redressal Forum (CGRF) constituted under Section 42(5) of the Electricity Act, 2003 to entertain complaints arising out of actions taken by a distribution licensee under Sections 126 and 135 of the Act relating to unauthorized use of electricity and theft of energy respectively.

In CWP-26339-2018, the petitioner distribution licensee challenged an order of the CGRF directing refund of amounts charged to a consumer on account of theft of energy and directing recovery of the said amount from the concerned Junior Engineer. The petitioner contended that the CGRF lacked jurisdiction to entertain complaints in respect of actions taken under Sections 126 or 135 of the Electricity Act, 2003, as separate procedures and remedies had been provided under the Act for such matters. The meter of the consumer had been replaced, sent to the M&T Lab, found tampered, and a provisional assessment-cum-notice was served upon the consumer for deposit of assessed amounts.

In CWP-8012-2020, the petitioner-consumer challenged an order passed by the CGRF on a complaint filed against the distribution licensee. The High Court examined the scope and jurisdiction of the CGRF under the Electricity Act, 2003 and the Haryana Electricity Supply Code, 2014, and the extent to which such forums could entertain disputes arising from proceedings under Sections 126 and 135 of the Act, disposing of both petitions by a common order.

Catchwords: Electricity Act 2003 · Consumer Grievances Redressal Forum · CGRF jurisdiction · Section 126 · Section 135 · theft of energy · unauthorized use of electricity · distribution licensee · meter tampering · Haryana Electricity Supply Code 2014 · Section 42 · compounding charges · Section 152 · writ petition