- (1.) The appellant constructed a Cold Storage in Tehsil Gunnaur, District Budaun. On 4 February 2011, the appellant filed a complaint before the Consumer Grievance Redressal Forum, Bareilly constituted by the Madhyanchal Vidut Vitran Nigam Ltd.(MVVNL) on the ground that the electricity bills which were prepared and issued to him were not in accordance with the applicable tariff.
(2.) The forum was constituted by MVVNL, the Distribution Licensee under the provisions of Section 42(5) of the Electricity Act, 2003 (Act). The complaint was allowed by the forum on 4 May 2011. Thereupon, the Executive Engineer of MVVNL filed an appeal/representation before the Ombudsman under Regulation 8.1 of the U.P. Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2007(Regulations of 2007). The appellant raised an objection to the maintainability of the appeal/representation. On 29 February 2012, the appellant filed a writ petition (Writ Petition No.10771 of 2012) at Allahabad to challenge the provisions of the Regulations of 2007 and more particularly, Regulation 8.1 to the extent that it empowers the Distribution Licensee to move the Electricity Ombudsman on the ground that this was ultra vires the sub-sections (6) and (7) of Section 42 of the Act and beyond the power to frame Regulations under Section 181(2) of the Act. The Division Bench passed an interim order dated 29 February 2012 directing the Ombudsman to decide on the objection. The writ petition is pending.
(3.) In the meantime in a judgment of a learned Single Judge of this Court in Dakschinanchal Vidut Vitran Nigam Ltd. vs. Vidut Lokpal and others, Writ Petition No.4237 (M/S) of 2008 decided on 6 January 2012 it was held that the Regulations of 2007 insofar as they empowered the Distribution Licensee to move the Electricity Ombudsman are ultra vires sub-sections (5) and (6) of Section 42 of the Act, and to that extent Regulation 8 is contrary to law.;