JOSE FRANCIS Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In W.P. (C) No. 10122/2009 the petitioner is aggrieved by re-classifica tion of their electricity connection for the purpose of payment of electricity charges from LT IV to LT VIIA tariff. The petitioner in W.P. (C) No. 10896/2009 is aggrieved by similar re-classification from LT VIA to LT VIIA. According to the petitioners, under Regulation 7 of the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005, a consumer has a right to approach the Consumer Grievance Redressal Forum against tariff classification. But they are prevented from approaching the Forum in view of Ext.P6 order (in W.P.(C) No. 10122/09 which is Ext.P9 in the other writ petition) of the Electricity Board, by which, the Electricity Board directed the Forum not to entertain any appeal regarding change of tariff and also to forward orders issued by the Forum to the office of the Chief Engineer (Commercial and Tariff) and to the Law Section of the Board Secretariat in order to have a close monitoring of the Forum. The petitioners are challenging that order of the Board along with challenge against the re-classification itself. According to the petitioners, the Forum is expected to function as an independent statutory quasi-judicial body. Therefore, the Forurh is not expected to function as per the instructions of the Board, but only as an independent adjudicatory body. Therefore, the'Board is incompetent to issue the order impugned directing the Forum not to entertain any appeal regarding change of tariff.

(2.) The learned Standing Counsel for the Board would contend that under Section 42(6)(5) of the Electricity Act, 2003, it is for the Board to establish the Forum for redressal of the grievance of the consumers in accordance with the guidelines as may be specified by the State Commission and, therefore, the Board has powers to issue direction to the Forum in the nature of Ext.P6 in W.P.(C) No. 10122/09.

(3.) I have considered the rival contentions in detail.