Jayant Banerji, J. - (1.) This Public Interest Litigation has been filed by the petitioner, inter alia with the following prayers: "(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents authorities to make provisions for enforcement/execution of order passed by Electric Consumer Grievance Forum without filing appeal before Ombudsman at Lucknow. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondents authorities to decide the representation dated 26.2.2017 of the petitioner (annexure-3 to this PIL)."
(2.) It is stated in the petition that under the U.P. Electricity Regulatory Commissioner (Consumer Grievances Redressal Forum and Electricity Ombudsman) Regulation, 2007 Regulation of 2007, the orders passed by the Consumer Grievances Redressal Forum Forum, have a note printed at the bottom that in case of non compliance of the order, the complainant can file an appeal before the Electricity Ombudsman. The petitioner states that it is unfair that for enforcement of an order, the only option for the complainant is to file an appeal before the Electricity Ombudsman. The petitioner has also filed a representation dated 26 February 2017 that has been enclosed as annexure-3 to the writ petition, in which he has stated that there is no provision under the Regulation of 2007 for ensuring compliance of the order passed by the Forum.
(3.) The grievance of the petitioner is misconceived in view of the fact that Regulation 14.0 of the Regulation of 2007 provides the procedure f compliance of the ders of the Fum of the Electricity Ombudsman. Regulation 14.0 is as follows: (b) refer the matter to the Commission f appropriate der under Section 142 of the Act. 14.2. Notwithstanding anything contained in these regulations, where the Distribution Licensee fails to comply with the directions ders of the- (ii) Fum passed under Regulation 6.10 (ii), The consumer may approach the Commission directly by way of a complaint under Section 142 of the Electricity Act, 2003 f appropriate ders. 14.3. On receiving reference from the Ombudsman a complaint directly from the consumer, the Commission shall pass appropriate der under Section 142 of the Act,- (b) if considered necessary, after obtaining rept from the Ombudsman." "14.0. Compliance with the Orders- 14.1. In case, a Distribution Licensee fails to comply with the orders of the Forum, or as the case may be, of the Electricity Ombudsman, within 30 days of the order or within such time as may be granted, the Electricity Ombudsman may within thirty days of the date of the application of the consumer and, after giving opportunity to the Distribution Licensee,- (a) issue necessary direction to ensure compliance of the order; or (b) refer the matter to the Commission for appropriate order under Section 142 of the Act. 14.2. Notwithstanding anything contained in these regulations, where the Distribution Licensee fails to comply with the directions or orders of the- (i) Electricity Ombudsman, within the time specified by him; (ii) Forum passed under Regulation 6.10 (ii), The consumer may approach the Commission directly by way of a complaint under Section 142 of the Electricity Act, 2003 for appropriate orders. 14.3. On receiving reference from the Ombudsman or a complaint directly from the consumer, the Commission shall pass appropriate order under Section 142 of the Act,- (a) after hearing the parties, and (b) if considered necessary, after obtaining report from the Ombudsman.";