Case Note & Summary
The petitioner, Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), challenged an order dated 6/12/2010 passed by the Consumer Grievance Redressal Forum (CGRF), Amravati Zone, Akola. The CGRF had directed MSEDCL to provide supply to three connections of respondent no.2 (Domaji Samji Patel) from the Nimgaon Gaothan Feeder instead of the existing Agriculture Feeder within one month. Respondent no.2, a consumer running a saw mill, had three connections at Nimgaon, receiving supply from the Agriculture Feeder since inception. After the Gaothan Feeder was commissioned on 23/9/2009, the respondent sought supply from it due to load shedding and low voltage, claiming entitlement under the 'Gaothan Separation Feeder Scheme'. He approached the IGR Cell Buldhana and then the CGRF, seeking an order for change of feeder and compensation of Rs.1,80,000. MSEDCL opposed, contending that the CGRF lacked jurisdiction to direct supply from a specific feeder. The High Court held that the CGRF's jurisdiction under the Electricity Act, 2003 is limited to redressing consumer grievances and does not extend to directing the distribution licensee to provide supply from a particular feeder, as such operational decisions are within the licensee's domain. The court noted that the Gaothan Separation Feeder Scheme is a policy decision, and a consumer cannot claim supply from a particular feeder as a matter of right. Consequently, the impugned order was quashed and set aside, and the petition was allowed. Rule was made absolute with no order as to costs.
Headnote
A) Electricity Law - Jurisdiction of Consumer Grievance Redressal Forum - Scope of Powers - The CGRF under the Electricity Act, 2003 has limited jurisdiction to redress grievances of consumers but cannot direct the distribution licensee to provide supply from a particular feeder, as such operational decisions are within the domain of the licensee. The Forum's order directing MSEDCL to provide supply from Gaothan Feeder instead of Agriculture Feeder was held to be beyond its jurisdiction. (Paras 1-6) B) Electricity Law - Gaothan Separation Feeder Scheme - Consumer Rights - The Gaothan Separation Feeder Scheme is a policy decision of the distribution company, and a consumer cannot claim supply from a particular feeder as a matter of right. The respondent's request for change of feeder was not a grievance redressable under the Electricity Act, 2003. (Paras 3-6)
Issue of Consideration
Whether the Consumer Grievance Redressal Forum (CGRF) had the jurisdiction to direct the electricity distribution company to provide supply from a specific feeder (Gaothan Feeder) instead of the existing Agriculture Feeder.
Final Decision
The High Court allowed the writ petition, quashed and set aside the order dated 6/12/2010 passed by the Consumer Grievance Redressal Forum, Amravati Zone, Akola. Rule made absolute with no order as to costs.
Law Points
- Jurisdiction of Consumer Grievance Redressal Forum
- Scope of Electricity Act 2003
- Gaothan Separation Feeder Scheme
- Consumer rights under Electricity Act
