CHIEF ENGINEER, GUJARAT ELECTRICITY BOARD vs MAKWANA ASHOK KUMAR MULJIBHAI

THIS appeal arises from order dated 8.4.2003 rendered by the learned Consumer Disputes Redressal Forum, Rajkot in Complaint No. 340 of 1998. It would appear that the meter installed in the complainant''s residential premises belonged to opponent Gujarat Electricity Board and it was installed around 25-30 years before the date of the complaint. Opponent GEB recovered monthly rent of Rs. 5/- for the meter. It so happened that in month of November-December, 1997 current circuit of the meter got burnt and, therefore, opponent GEB charged the consumer Rs. 637.52 by adding the said amount to the bill while seizing the meter (board fuse). The complainant, therefore, alleged before the learned Forum that opponent GEB was deficient in service inasmuch as reconnection charges were illegally recovered from the complainant, meter charges of Rs. 637.52 were illegally added in the bill and the complainant was put to mental agony and hardship by disconnection of electricity supply. The opponent resisted the complaint inter alia on the ground that there was overheating on account of excess load of electricity used by the complainant and that the amount that was added in the bill was just and proper. Opponent GEB also alleged that as the complainant did not pay the bill and reconnection charges the power supply was disconnected. Upon appreciating the facts of the rival cases and the evidence submitted before it, the learned Forum came to the conclusion that it was the duty of the opponent GEB to maintain the meter and was liable for repairing it or replacing it as the meter belonged to the opponent GEB. The learned Forum also held that there was no evidence against the complainant using excess load resulting into overheating and burning of current circuit of the meter. The learned Forum, therefore, passed order which has been impugned in this appeal filed by the opponent Gujarat Electricity Board.

WE have heard the learned Advocate appearing for the appellant GEB as also the concerned officer who is present before us. It has been submitted that the very fact of overheating would provide an evidence of excess load of electricity used by the complainant. In our considered opinion, this argument cannot be accepted. The allegation with regard to excess load or tampering of meter or theft of electricity or the like would have to be shown/proved by the opponent GEB by adducing evidence in that respect. In the present case there is no inspection report or Panchnama to show that any excess load was connected by the consumer and that resulted into overheating of the apparatus in question. In our considered opinion, the order passed by the learned Forum cannot be faulted as the opponent GEB has failed to discharge its burden of proof with regard to burning of the current circuit of the meter in question on account of default of the complainant. The electricity supply was disconnected without notice. Bearing in mind all these facts and circumstances of the case, no indulgence can be shown in this appeal. This appeal is accordingly rejected at the admission stage. Futher Oral Order : After the above order was passed, the learned Advocate appearing for the opponent GEB would refer to Condition No. 5(c) of the Conditions and Miscellaneous Charges for Supply of Electrical Energy of the Gujarat Electricity Board. That condition would indicate that "in all cases the meter shall be fixed and installed according to the convenience of the Board on the consumer''s premises on the ground floor where it could be accessible for reading and inspection at any time or at such other suitable place as the Board''s Engineer shall decide and the consumer shall run his wiring from such point of supply and also be responsible for the safety of the meter from theft or damage". There is no question of applying this condition for the simple reason that the opponent Gujarat Electricity Board has failed to establish its case on facts with regard to any negligence on the part of the consumer. Appeal dismissed.