IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34651 of 2010(F) -------------------------------------- PETITIONER: ------------------- SRI.K.UDAYAKUMAR, M.C.M.FURNITURE EDACHIRA, KADALUNDY P.O., KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENTS: ------------------------ 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,FEROKE, K S E B, KOZHIKODE, PIN – 673 631. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION KADALUNDY, K S E B, KOZHIKODE, PIN – 673 631. 3. CONSUMER GREIVANCE REDRESSAL FORUM, KOZHIKOKDE, REP.BY ITS CHAIRMAN, PIN – 673 631. R1 & R2 BY SRI. P.P. THAJUDEEN, S.C, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.34651 OF 2010 -------------------------------------------- Dated this the 18th day of November, 2010 JUDGMENT The petitioner, who is a Low Tension consumer under LT- IV tariff filed this Writ Petition challenging Ext.P4 order dated 8.10.2010. Admittedly, Ext.P4 is an order passed by the Consumer Grievance Redressal Forum, Kozhikode in terms of Section 42(5) of the Electricity Act, 2003 (for short 'the Act'). Against the said order of CGRF, a statutory remedy is available before the Ombudsman appointed under Section 42(6) of the Act. When the act itself provides a remedy against an order of the Forum for redressing the grievance against an order like Ext.P4, the petitioner has to resort to the said statutory remedy provided under the Act. Considering the fact that pursuant to Ext.P4, Ext.P5 has already been issued by the second respondent that carries even the threat of disconnection of electricity supply, the petitioner apprehends coercive steps. In the circumstances, this Writ Petition is disposed of granting liberty to the petitioner to approach the Electricity Ombudsman against Ext.P4 under Section 42(6) of the Act read with Regulation 21(2) of the W.P.(C) NO.34651/2010 2 Kerala State Electricity Regulatory Commission(Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005 (for short 'Regulations'). To enable the petitioner to approach the Ombudsman, the respondents shall keep Ext.P5 in abeyance for a period of one month. In case the petitioner prefers such an appeal against Ext.P4 within a period of three weeks from today, the same shall be treated as an appeal filed within the time specified under the Regulations. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.34651/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.34651/2010 4