- (1.) DELHI Electricity Regulatory Commission has filed this Review Petition seeking clarification with reference to some observations made in the judgement dated 30.3.2009 rendered by this Tribunal in Appeal No.181 of 2008 in relation to powers under Section 142 of the Electricity Act which provides for the State Commission to inquire into the complaint regarding not only non compliance of the directions but also the violation of Rules and Regulations etc.,
(2.) THE Appeal No.181 of 2008 arose out of the order passed by the Delhi Electricity Regulatory Commission imposing penalty and compensation on BSES Rajdhani Power Limited over the grievance of the consumer complainant. As against this order, the BSES Rajdhani Power Limited filed the Appeal in Appeal No.181 of 2008 challenging the said order. The Tribunal in that Appeal set aside the said order and remanded the matter to the Grievance Cell directing it to redress the grievance of the complainant consumer by the judgement dated 30.3.3009.
(3.) WE have heard Mr. Meet Malhotra, learned Counsel for the Review Petitioner i.e. Delhi Electricity Regulatory Commission and Mr. Amit Kapur, learned Cousnel for the BSES Rajdhani Power Limited, the Respondent. When the matter was heard on the query raised by us, both the learned Counsel for the Appellant and Respondent brought to our notice that two tier Grievance Redressal Mechanism has not been made functional in several States. It is stated that even after a period of 06 years, after the Electricity Act, 2003 came into force, only some of the States have implemented the scheme relating to the establishment of Grievance Redressal Forum and in respect of the compliance of the various provisions of the scheme of the Supply Code. It has also been brought to our notice that in some States the scheme has either been implemented partially or not at all. We were also informed that in some other States the Ombudsman has not at all been appointed by the State/Joint Commissions and the two tier mechanism of Grievance Cell has not been made functional and the consumers even for billing disputes were constantly approaching the State/Joint Commissions under Section 142 of the Act. When we asked the learned Counsel for both the parties with reference to the institutional vacuum with the Regulatory mechanism, they suggested that this Tribunal by invoking powers under Section 121 of the Act can give suitable interim directions as guidelines to all the State/Joint Commissions to ensure full compliance of the provisions of the Act especially with regard to the establishment of the Grievance Redressal Mechanism in all the States and with regard to the compliance of the scheme of the supply code.;