KISHAN KUMAR Vs. MANAGER BUSINESWS BSES RAJDHANI POWER

JUDGEMENT

(1.) THE appellant has instituted this appeal under Section 42 of the Delhi electricity Reforms Act, 2000 against an order passed by the Consumer grievance Redressal Forum (hereinafter referred to as "the Forum") on 10. 4. 2008. Admittedly, in passing the impugned orders, the Forum was exercising powers under Section 42 (5) of the Electricity Act, 2003.

(2.) AT the outset, counsel for the respondent has taken an objection to the maintainability of the appeal itself. He submits that since the impugned order was passed by the Forum under Section 42 (5) of the Electricity Act, 2003, any appeal against an order of that Forum can only lie with the ombudsman in terms of Section 42 (6) and (7) of that Act, and the institution of the present appeal before this Court under Section 42 of the Delhi electricity Reforms Act, 2000 instead, is misconceived.

(3.) THE essence of the argument put forward by the learned counsel for the respondent is that Section 42 of the Delhi Electricity Reforms Act, 2000 envisages an appeal only by a person aggrieved of any decision or order of the Commission passed under that Act. The expression, "commission", has also been defined under Section 2 (c) of that Act to mean the Delhi Electricity regulatory Commission mentioned under Section 3 in part-II thereof. He submits that the impugned decision in the instant matter is admittedly of the Consumer Grievance Redressal Forum, which is an entirely different body and cannot be substituted by the Delhi Electricity Regulatory commission, envisaged under Section 42 of the Delhi Electricity Reform Act, 2000.