OM COLD STORAGE AND ORS. Vs. U.P. ELECTRICITY REGULATORY COMMISSION AND ORS.
LAWS(ALL)-2014-12-142
HIGH COURT OF ALLAHABAD
Decided on December 09,2014

Om Cold Storage And Ors. Appellant
VERSUS
U.P. Electricity Regulatory Commission And Ors. Respondents

JUDGEMENT

- (1.) These two writ petitions, involving similar and akin facts, and proceeding on identical grounds, have been considered together; and are taken for disposal by this common order.
(2.) The similar nature grievance in these writ petitions is against similar nature orders dated 24.9.2014 passed by the respondent No. 1, Uttar Pradesh Electricity Regulatory Commission ('the Commission' hereinafter) whereby the Commission, while dealing with the complaints of the petitioners under Section 142 of the Electricity Act, 2003 ('the Act of 2003') regarding non-compliance of similar orders of the Electricity Ombudsman dated 26.9.2005, has directed the Consumer Grievance Redressal Forum ('the Forum') to decide the issues with regard to the compliance of the order of Electricity Ombudsman.
(3.) After having heard the learned counsel for the parties and having perused the material placed on record, we have formed the opinion that the matters are required to be restored to the file of the Commission for decision afresh in accordance with law as in our view, the Commission has omitted to exercise the jurisdiction vested in it by law. In this view of the matter, dilatation on all the factual aspects is not necessary; only a brief reference to the background aspects would suffice.;


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