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(f) empowers the State Commission to adjudicate the disputes only between the licensee and the Generating Company. When there are specific provisions providing powers to Consumer Grievance Redressal Forum to resolve the dispute between the Consumer and Licensee, the State Commission cannot invoke its inherent powers to resolve the said disputes.
(g) Regulation 6.8 of CGRF Regulations,2006 provide a list of disputes which are excluded from the jurisdiction of Consumer Grievance Redressal Forums Page 10 Judgment in appeal no 36 of 2011 (CGRF). That list does not exclude the matters relating to open access from the jurisdiction of that Forum. Therefore, the present matter relating to dispute between a consumer and Distribution Licensee lies squarely within the jurisdiction of the concerned CGRF.

(f) The definition of "Grievance" as provided in the CGRF Regulations 2006 dealing with consumer's grievances would give a clear meaning that the 'Grievance' means with reference to the Consumer Grievance regarding the fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, etc. by the Distribution Licensee. CGRF established under CGRF Regulations 2006 have jurisdiction only over the consumer's grievance as defined in CGRF Regulations 2006.

37. This could be viewed from yet another angle. Under the CGRF,2006 there is a specified procedure to undergo before approaching the Consumer Grievance Redressal Forum. As per the procedure, the consumer has to first go through the Internal Consumer Grievance Redressal Cell of the distribution licensee. Regulation 2.1 (d) of the CGRF Regulations, 2006 provides for internal grievance redressal cell. This is the first authority to be contacted by the consumer for redressal of his grievance as notified by the distribution licensee. Thus, it is mandatory on the part of Page 38 Judgment in appeal no 36 of 2011 the consumer to approach the internal grievance redressal cell first. Only after the disposal of his claim, he could thereafter, report his grievance before the Consumer Grievance Redressal Forum. The relevant regulations would say that the consumer can approach the Consumer Forum only when the Internal Grievance Redressal Cell failed to redress the said grievance within a period of two months within the date of intimation under Regulations 6.2, 6.4, 6.5 and 6.7 of the CGRF Regulations, 2006. This time consuming process would frustrate the whole scheme of open access.

38. Further, the Appellant has setup as many as 14 CGRF(s) in its area of supply. There could be a situation where supplier lies in area of jurisdiction of one CGRF and consumer premises lies in area covered by another CGRF. Which of the concerned CGRF, the consumer would have to approach? Such a sitution would defeat the very purpose of Open Access.

Page 39 Judgment in appeal no 36 of 2011