- (1.) IN all these writ petitions and special appeals, the question of law is one based on the similar set of facts, therefore, all these cases are being disposed of by this one common judgment.
(2.) THE grievance of the petitioners/ap pellants is that the applications made by the consumers have been allowed against the petitioners/appellants by the forum constituted for redressal of grievance of the consumers. The sole ground of challenge is that the forum which decided the appli cations of consumers raising their griev ance, was not constituted in accordance with the provisions of the Electricity Act, 2003 & Rules framed thereunder. Part-VI of the Electricity Act, 2003 (hereinafter to be referred as Act) provides for Distribution of Electricity and the Pro visions with respect to distribution licen sees (licensees which in all the cases is Uttaranchal State Power Corporation ). Sub-section (1) of Section 42 of the Act provides that it shall be the duty of a dis tribution licensee to develop and maintain an efficient coordinated and economical distribution system in accordance with the provisions contained in this Act. Sub-sec tion (2) of Section 42 of the Act provides that State Commission shall introduce open access in such phases and subject to such conditions as may be specified within one year of the appointed date by it. Sub-section (3) of Section 42 of the Act provides that where any person, whose premises are situated within the area of supply of a distribution licensee i. e. Power Corporation requires a supply of electric ity from a generating company or any li censee other than such distribution licen see, such person may, by notice, require the distribution licensee for wheeling such electricity in accordance with regulations made by the State Commission and the duties of the distribution licensee with re spect to such supply shall be of a com mon carrier providing non-discriminatory open access. Sub-section (4) of Section 42 of the Act provides that where the State Commission permits a consumer or class of consumers to receive supply of electric ity from a person other than the distribu tion licensee of his area of supply, such consumer shall be liable to pay an addi tional surcharge on the charges of wheel ing, as may be specified by the State Commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply. The relevant provi sion which is attracted in these cases in sub-section (5) of Section 42 of the Act is reproduced as under : "every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in ac cordance with the guidelines as may be specified by the State Commission. "
(3.) IT is evident from the reading of aforesaid sub-section that the every distri bution licensee shall establish a forum for redressal of grievance of the consumers in accordance with the guidelines as may be specified by the State Commission. Thus, the forum is to be established by the li censee i. e. Power Corporation. In the State of Uttaranchal, the State Commission has been established by the Regulations framed in exercise of powers under sub-section (5) of Section-42 of the Act read with clause (r) of sub section (2) of Section 181 of the Act. Clause (3) of the Regulation provides for Constitution Of Forum For Redressal Of Grievances Of The Consumers. Sub-clauses (1) and (2) of Regulation 3 are relevant and are being quoted below as the rest of the clauses of the Regulation 3 of the Regulations are not relevant: 3. Constitution of the Forum for Redressal of Grievances of the Con sumers :- (1) In terms of sub-section (5) of Sec tion 42 of the Act, every distribu tion licensee shall establish one or more Forum as may be prescribed by the Commission for redressal of grievances of the consumers in accordance with these regulations, (2) Each Forum shall consist of three members to be appointed by the Distribution Licensee with the fol lowing composition :- (a) The Chairperson of the Forum shall be a retired judicial officer having at least 20 years of experi ence in legal/judicial profession or a retired District Judge or a re- tired civil servant not below the rank of a Collector, or a retired Professor of the Electrical Engi neering Department of a reputed institute; (b) One member shall be a serving or retired officer of the licensee pos sessing degree in Electrical Engi neering and having at least 15 years experience in distribution of electricity not below the rank of Deputy General Manager or an officer in charge of a Distribution Circle; (c) One member out of members representing consumers on the State Advisory Committee consti tuted under Section 87 of the Act.;