- (1.) THIS writ petition has been filed challenging Regulation 13 of the Guidelines for Establishment of Forum for redressal of grievances of the consumers and Electricity Ombudsman Regulation, 2005 which envisages 50 per cent of the demand to be deposited with the Forum before filing an appeal. A declaration has been sought for treating it to be ultra vires to Section 181 of the Electricity Act, 2003 and also violative of Article 14 of the Constitution of India as it has been contended that the condition imposing payment of 50 per cent of the amount can be prescribed by the parent Act and not by way of delegated legislation so as to frame a Regulation.
(2.) HAVING heard the Counsel for the petitioner we do not find substance in the plea raised in this petition contending that the requirement of payment of 50 per cent of the disputed amount before an appeal is filed be declared ultra vires, since the same is clearly in consonance with the provisions of Section 181 of the Electricity Act, 2003 which clearly permits the framing of Regulation in this regard. The argument advanced by the Counsel, while challenging the provision to the aforesaid Regulation, is based on the plea that the petitioner had already paid the entire amount as per the bills raised earlier but, additional payment was claimed by way of a supplementary bill after seven and a half years of the payment made by the petitioner - Consumer to the Board.
(3.) BUT in our view, this alone cannot be a substantial reason to entertain the challenge to the provision which envisages 50 per cent of the payment prior to filing of an appeal since a particular plea in a given case can be appreciated even without declaring a provision as ultra vires. It is no doubt true that in appropriate cases it may be permissible for the consume to claim exemption from payment of 50 per cent of the amount of the total claim in order to prefer an appeal by making payment of less than 50 per cent of the amount under the existing facts and circumstances of the case. But, to make a sweeping generalisation claiming exemption by challenging the Regulation itself on the basis of certain facts in order to suit a litigant's interest, is legally not sustainable specially when the Regulation cannot be held to be contrary to the provisions of Section 181 of the Electricity Act, 2003 nor it can be held to be violative of Article 14 of the Constitution of India as this condition is applicable in all cases provided exemption is sought in appropriate cases.;