State Consumer Disputes Redressal Commission
Kamla Devi vs B.S.E.S. Yamuana Power Ltd on 22 May, 2007
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 22-05-2007 Appeal No. A-604/2004 (Arising from the order dated 07-07-2004 passed by District Forum(East), CSE Complex, Saini Enclave, Delhi in Complaint Case No.409/2002) Smt. Kamla Devi, Appellant W/o Late Sh. Raghubir Sawrup Goel, R/o 5/125, Main Road, Vishwas Nagar, Shahdara, Delhi-110032. Versus B.S.E.S. Yamuana Power Ltd, Respondent Shakti Kiran, Through Karkardooma, Ms. Sanjana J. Bali, Delhi. Advocate. CORAM : Justice J.D. Kapoor- President Ms. Rumnita Mittal - Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Admittedly appellant filed a civil suit against electricity bill raised on the allegation of theft of electricity for an amount of Rs. 1,76,479/- and Rs. 2,63,393/-. The disconnection of the supply was stayed by the civil court subject to deposit of Rs. 1 lac by the appellant with direction to install new meter. The new meter was installed but it was found to be highly defective. Feeling aggrieved the appellant filed the instant complaint before the District Forum seeking refund of the bill raised in respect of the faulty meter as well as disconnection and removal of the meter.
2. Vide impugned order dated 07-07-2004 the complaint was dismissed merely on the ground that there was no evidence on record that the meter was defective.
3. Feeling aggrieved, the appellant has preferred this appeal.
4. Perusal of the impugned order shows that Rs. 240/- was deposited by the appellant for inspection of the meter. In terms of section 26 of the Indian Electricity Act, if the consumer finds the meter defective he may file an application to the Electrical Inspector. Inspite of the fact that respondent did not dispute the deposit of Rs. 240/- the District Forum came to the conclusion that though the appellant has filed copy of the receipt about the said deposit still she should have pleaded this fact in the civil suit.
5. On the face of it the impugned order suffers from inherent infirmity in as much as it could have directed the respondent to inspect the electricity meter and submit report as to the defects for which the fees was deposited with it. Even otherwise Regulation 20 of the Delhi Electricity Regulatory Commission (Performance Standards Metering and Billing) Regulations 2002 provides the procedure as to the meter complaints. As per these provisions the licensee shall within 15 working days carry out testing of the meter and shall furnish duly authenticated test results to the consumer and the consumer shall be billed for the period the meter remained defective by taking the consumption pattern of the consumer for the six months prior to and six months after the period which the meter remained defective. The amount already paid by the consumer by way of provisional bill for the period meter remained non-functional has to be adjusted in the bill. None of these procedure was followed by the respondent nor was dealt with by the District Forum.
6. In the result, we allow the appeal, set aside the impugned order and send back the matter to the District Forum for deciding it afresh in terms of the provisions of relevant law regarding meter complaints. There was no need for the respondent to plead before the civil court about the deposit of Rs. 240/- towards fees for inspection of the meter. Civil suit field before the Court was only in respect of stay of disconnection and against illegal bills raised against allegations of theft and not in respect of the subsequent complaint of defective meter.
7. Parties shall appear before the District Forum on 05-07-2007 for the aforesaid purpose.
8. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
9. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
10. Announced on the 22nd May, 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj