Case Note & Summary
The Bombay High Court considered a writ petition filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging an order dated 8 March 2017 passed by the Consumer Grievance Redressal Forum (CGRF), Kalyan Zone, constituted under the Electricity Act, 2003. The background of the case involves a dispute between MSEDCL and the respondents, including M/s Technocraft Industries (I) Ltd., regarding the recovery of Fuel Adjustment Charges (FAC). The CGRF had earlier passed orders in favor of the consumer, which were confirmed by the Ombudsman. Subsequently, the consumer sought clarification from the CGRF regarding the implementation of those orders. The CGRF, while acknowledging that it had no power to review its own orders, proceeded to issue a 'clarification' directing MSEDCL to recover only six installments of FAC and refund any excess amount with interest, citing a MERC order dated 15/6/2012 in Case No.43/2012. The CGRF also warned that non-compliance would invite action under Section 142 of the Electricity Act. MSEDCL challenged this clarification order on the ground that the CGRF lacked jurisdiction to pass it. The High Court analyzed the provisions of the Electricity Act, 2003, particularly Section 42, which establishes the grievance redressal mechanism. The court noted that the CGRF is a first-level forum, and its orders are subject to review by the Ombudsman under Section 42(6). The CGRF itself has no power to review or clarify its own orders. The impugned order, though termed a 'clarification', effectively modified the earlier order and was therefore without jurisdiction. The court held that the CGRF cannot assume powers not conferred by the Act. Accordingly, the High Court quashed the impugned order dated 8 March 2017 and allowed the writ petition. The court also noted that the respondents were served but not represented.
Headnote
A) Electricity Law - Consumer Grievance Redressal Forum - Jurisdiction - Review/Clarification Powers - Electricity Act, 2003, Sections 42, 142 - CGRF has no power to review or clarify its own orders; only the Ombudsman can review CGRF orders under Section 42(6) of the Act. The impugned order, though termed a 'clarification', effectively reviewed the earlier order and was thus without jurisdiction. Held that the CGRF cannot assume powers not conferred by the Act (Paras 1-10).
Issue of Consideration
Whether the Consumer Grievance Redressal Forum (CGRF) has the power to review or clarify its own orders under the Electricity Act, 2003.
Final Decision
The High Court allowed the writ petition and quashed the impugned order dated 8 March 2017 passed by the Consumer Grievance Redressal Forum, Kalyan Zone.
Law Points
- CGRF has no power to review or clarify its own orders
- only Ombudsman can review
- clarification order without jurisdiction is void
- non-compliance of MERC order may attract Section 142 of Electricity Act
- 2003
