Dear All,
Greetngs of the day. I am not Advocate but I like to study legal aspects.In perticular I am well in electricity act and subsequent regulations framed thereunder in the intrest of consumers. While doing all this I come across a ituation where I am in need of you all ppl. As per section 42(5) of EA 2003,each DL has to constitute consumer grievance redressial forum.The said forum works as per regulations framed by SERC as per powers given by act. In maharashtra, Maha.elect Reg.Commission has framed these regulations so called CGRF and Ombudsman regulations 2006. No where in these regulations,DL has given ight to appeal against the order of CGRF ( Forum ).It is mentioned in regulation that order of forum shall be binding upon DL and Consumer.Further it is mentioned in regulations that consumer has right to appeal before Ombadsman. Usually it is observed that DL files Writ Petition before High Court aganist the order of forum if DL becomes aggrieved. In recent case,DL has fled civil appeal against the order of CGRF before JMFC. The same officer of MSEDCL has filed WRIT Petition by invoking article 226 and 227 and challange the order of CGRF ( forum ) before Hon. high court.
Now the question arises is,
1.Whether The order of Forum which isheaded by retd.Senior District Judge as a chairman,can be challanged before JMFC?
2.If yes, then can Writ Petition can be filed if Civil Appeal can remedy is available? As such while filing Writ petition,the petitionar ( MSEDCL ) has submitted affidivit stting that having been left with no alternate nd eficious remedy,Petitionar is filing Writ Petition by invoking article 226 and 227 of constitutuon of India.
Please guide me suitably. I am nt laywer by profession so plz ignore my mistake if any.
Regards,
ashish s chandarana
