State Consumer Disputes Redressal Commission
Ram Rani Dhingra, vs North Delhi Power Limited on 29 July, 2008
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 29-07-2008 Appeal No. FA FA-08/631 (Arising out of Order dated 16-04-2008 passed by the District Forum ( North West), Shalimar Bagh, Delhi, in Complaint Case No. 2032/2006) Mrs. Ram Rani Dhingra, 324, Tarun Enclave, Pitampura, Delhi 110034. . . . Appellant Through Mr. Rakesh Dhingra & Mr. Sandeep Kumar, Advocates Versus North Delhi Power Limited, Through Consumer Relations Coordinator, Corporate Office: Grid/Sub Stn Building, Hudson Lane, Kingsway Camp, Delhi 110009. . . . Respondent 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 (Oral)
1. The complaint of the appellant seeking quashing of the bill of Rs. 4,080/- raised illegally and without any basis, despite having not replaced the defective meter within the stipulated period and having raised the bill on the basis of replaced meter for the period 04-10-2002 to 22-10-2004, was dismissed by the District Forum vide its impugned Order dated 16-04-2008 holding that the bill was raised as per DERC guidelines. Feeling aggrieved the appellant has preferred this appeal.
2. Allegations of the appellant before the District Forum in brief were that on 19-08-2003 the appellant had filed Complaint No. 547/2003 against the respondent NDPL. On 21-10-2003 the A/R of the respondent made a statement that the meter of the appellant had been changed and the bill was yet to be revised which would be done after six months as per rules. On the basis of the said statement of the A/R of the respondent, the appellant had withdrawn the said complaint and the same was accordingly dismissed as withdrawn. In the instant complaint, however, the appellant alleged that bill for the month of June contained Rs. 4080/- as arrears of electricity, the details of which were not provided, and that the respondent had raised this bogus bill which was not payable. The appellant therefore prayed for directions to the respondent to furnish details of arrears and rectify and refund/adjust the excess amount charged and also for award of compensation for causing harassment and mental agony.
3. As against this, the version of the respondent was that the meter of the appellant installed against K No. 34100167596 remained stuck/defective from 31-08-2002 to 04-10-2003 and during the said period provisional bills were issued to the appellant and the meter was replaced on 04-10-2003 and thereafter the bills were being raised on actual consumption. The charges for the period when the meter remained defective, i.e. 31-08-2002 to 04-10-2003, was assessed on the basis of consumption recorded by the old meter from 24-04-2002 to 31-08-2002 and by the replaced meter from 04-10-2003 to 22-04-2004 as per Clause 21 of DERC Guidelines and also after giving adjustment of provisional bills a net demand of Rs. 4080.76 was raised.
4. There is no dispute that the complaint of meter being defective and having remained stuck from 31-08-2002 to 04-10-2003, i.e. for a period of one year and two months and during this period provisional bills were raised by the respondent and the meter was replaced on 04-10-2003 with a new one and thereafter a bill for Rs. 4080.76 was raised by assessing the period on the basis of consumption recorded by the old meter from 24-04-2002 to 31-08-2002, i.e. for four months preceding the period and replaced meter from 4-10-2002 to 22-04-2004, i.e. for a period of six months subsequent to the replacement of the new meter.
5. The aforesaid plea of the respondent was accepted by the District Forum. On the face of it the entire action of the respondent was in violation of the provisions of Sec. 56 of the Indian Electricity Act, 2003 and Regulation 20 & 21 of the DERC Regulations, 2002, which have not been addressed or discussed by the District Forum.
6. In order to appreciate the contention of the Ld counsel for the appellant Regulation 20 & 21 need to be reproduced which are as under:-
Regulation-20: Meter Complaints
(i) Correctness of meter
(a) Should the consumer dispute the accuracy of the meter, he may, upon giving notice/complaint to that effect and paying prescribed testing fee, have the meter tested by the licensee.
(b) The licensee shall, within 15 working days of receiving the complaint, carry out testing of the meter and shall furnish duly authenticated test results to the consumer.
(c) If the meter is found to have error beyond the limits of accuracy as specified in Rule 57 of Electricity Rules, and the meter has not been tested within the meter testing schedule as prescribed in Regulation 19, the amount of past energy bill shall be adjusted in accordance with the result of test with respect to the meter readings of the 3 billing cycles prior to the billing cycle in which dispute has arisen and upto the date of replacement of meter.
(d) The consumer shall not be liable to pay any demand violation charges if the demand computed on the basis of test results of the meter exceeds his contract demand.
(ii) Meter not recording
(a) If the meter is not recording/stuck as reported by the consumer, the licensee shall check the meter and if found stuck, the meter shall be replaced by the licensee/consumer, as the case may be, within 30 days of receipt of complaint.
(b) If the meter is not recording/stuck as noticed by the licensee, the licensee shall notify the consumer. Thereafter, the licensee shall check the meter and if found stuck, the meter shall be replaced within 30 days.
(c) The consumer shall then be billed on provisional basis on average consumption of last three billing cycles for a period between the date of last reading and the date of replacement/repair of the stuck meter.
(iii) Burnt meter In case the meter is found burnt upon inspection by the licensee on consumers complaint or otherwise
(a) The licensee shall restore connection immediately upon receiving the complaint by bypassing the burnt meter after ensuring that necessary corrective action at site is taken to avoid future damage. New meter shall be provided by the licensee/consumer, as the case may be, within three days.
(b) The licensee shall get the burnt meter removed from site/consumers premises and test the same. If it is established, based on test results, that meter got burnt due to technical reasons e.g. voltage fluctuation, transients etc. attributable to system constraints, the licensee shall bear the cost of meter. In case upon inspection..
(c) In case the meter is found Regulation 21: Billing during the period defective/burnt meter remained at site. (iv)
The consumer shall be billed (for the period meter remained defective) based on the estimated energy consumption by taking the consumption pattern of the consumer for the 6 months prior to and 6 months after the period during which the meter remained defective. The amount already paid by the consumer by way of provisional bills for the period meter remained non functional or defective, shall be adjusted in this bill.
(v) In cases where the recorded consumption of past six months prior to the date meter became defective, is either not available or partially available, the consumption pattern as obtained from such lesser period along with the above mentioned subsequent six months pattern shall be deemed sufficient for estimation of consumption.
(vi) In case, the Maximum Demand Indicator (MDI) of the meter at the consumers installation is found to be faulty or not recording at all (unless tampered), the demand charges shall be calculated based on billing demand during corresponding months/billing cycle of previous year, when the meter was functional and recording correctly. In case, the recorded MDI of corresponding month/billing cycle of past year is also not available, the highest of the billing demand during 6 months succeeding meter replacement shall be considered.
7. A bare perusal of the aforesaid provisions show that as and when a complaint is made that the meter is not recording or is stuck, the licensee, i.e. the energy supplying agency, shall check the meter immediately and if found stuck, the meter shall be replaced by the licensee or by the consumer himself, as the case may be, within 30 days of the receipt of the complaint and consumer shall then pay the bill on provisional basis on average consumption of last three billing cycles for a period between the last reading and the date of replacement or repair of the stuck meter.
8. Regulation-20 also provides that in case where the meter is found to be defective or burnt the licensee shall restore the connection immediately by bye-passing the burnt meter and get the burnt meter removed from the consumers site and test the same. The consumer shall be billed, for the period the meter remained defective, based on the estimated energy consumption by taking the consumption pattern of the consumer for the 6 months prior to and 6 months after the period during which the meter remained defective. The amount already paid by the consumer by way of provisional bills for the period meter remained non-functional or defective, shall be adjusted in this bill.
9. In case where the recorded consumption of six months prior to the date the meter became defective is either not available or partially available, the consumption pattern as obtained from such lesser period along with six months pattern shall be deemed sufficient for estimation of consumption.
10. Section-56 of the Indian Electricity Act, 2003 also provides that:-
Section- 56. Disconnection of supply in default of payment.-
(1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days notice in writing, to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer:
Provided that the supply of electricity shall not be cut off if such person deposits under protest,-
(a) an amount equal to the sum claimed from him, or
(b) The electricity charges for electricity paid by him during the preceding six months, which ever is less, pending disposal of any dispute between him and the licensee.
(2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.
11. In case of burnt meter or defective meter, the licensee is under obligation to immediately restore the connection by bye-passing the burnt meter and get the same removed from the site for testing and during the period the meter remained defective or burnt, the consumer has to be billed based upon the estimated energy consumption by taking the consumption pattern of 6 months prior to and 6 months after the period during which the meter remained defective and it is only where the pattern of consumption of 6 months prior to is not available that the licensee can use the consumption pattern for less than 6 months period.
12. In the instant case, the aforesaid statutory provisions were given a total go-by. Nor were these addressed by the District Forum while dismissing the complaint of the appellant.
13. No service provider can take advantage of acts of its own omission and commission that are in violation of the statutory provisions and, in this case regulation governing the meter complaints and raising bills and replacement of meter which has been stuck or is not recording correct reading. In case of complaint of defective or burnt meter the provisions that consumer can be billed on provisional basis on average consumption of last three billing cycles for a period between the date of last reading and the date of replacement of meter and the stuck meter, have been given go-by.
14. In view of the foregoing reasons, we allow the appeal at the outset, set aside the impugned order and send the matter back to the District Forum for deciding it in accordance with the provisions of Sec. 56 of the Electricity Act, 2003 and Regulation 20 & 21 of the DERC Regulations, 2002.
15. The parties shall appear before the District Forum on 29-08-2008 for the above purpose.
16. In the mean time, the respondent shall immediately restore the electricity connection of the appellant if already disconnected as the Ld counsel for the appellant states that he has already made payment, of bill raised by the respondent amounting to Rs. 9,000/-, under protest and under compulsion as the connection was disconnected on 02-07-2008.
17. The matter being very simple, the same shall be decided by the District Forum positively within three months.
18. Appeal is disposed of in aforesaid terms.
19. Copy of order as per statutory requirement be forwarded to the parties and also to the concerned District Forum and thereafter the file be consigned to record.
(JUSTICE J.D. KAPOOR) PRESIDENT (RUMNITA MITTAL) MEMBER HK