NAND LAL SHARMA. vs RAJASTHAN STATE ELECTRICITY BOARD

BY the order dt : 16.6.90 the District Forum, Jaipur dismissed the complaint and the complainant-appellant has filed this appeal under Section 15 of the Consumer Protection Act, 1986 ("the Act" herein)_Briefly put the facts leading to this appeal are these :

THE complainant owns a house In the village Khairwal but at present he lives in Janta Colony, Jaipur. THE complainant is the consumer of the opposite parties-respondents as he is having electric connection No. 5-1-112. Without rendering proper account, the opposite parties issued a bill showing arrears of Rs. 1,184.56 and on account of non-payment, disconnected the electricity. THE complainant wrote letters to the opposite parties to explain the account but they did not do so. He wrote a letter dt : 22.8.89 but ao clarification was received. He, therefore, filed the complaint on 25.8.89 against the opposite parties praying that they may be directed not to raise the improper demand of Rs. 1,184.56 against the complainant and also not to disconnect the electricity. With the complaint, the complainant submitted photo stat copy of the bill for Rs. 1,287.74 in which Rs. 1,184.56 have been shown as arrears. THE opposite parties-respondents submitted version of the case contesting the complaint. It was submitted that the meter of the complainant did not record reading and it remained stopped from March 1986 to August 1988 i.e. for a period of 30 months. THE employee of the opposite parties went at village Khairwal several times and it was reported that the meter had stopped. It was pleaded that the complainant has been using electricity regularly and has stopped the meter. It was slated in the version of the case that average of consumption for the months December 1988, January 89, and February 89 were taken and that after taking the average of these three months an outstanding amount of Rs. 1,184.56 was mentioned in the bill in question. It was denied that the complainant has been paying the bills regularly. An objection was taken that the complaint is not maintainable. THE affidavit of the complainant which was sworn on 7.6.90 was submitted by the complainant. THE District Forum by its order dt : 16.6.90 dismissed the complaint. It opined that the meter remained stopped for a period of 30 months and so it was proper for the opposite parties to have sent the bill for arrears pertaining to 30 months on the basis of the average of last three months. An additional reason was given that as the meter was stopped the complainant failed to make any complaint to the opposite parties. Against the dismissal of the complaint, the appeal was filed. Arguments were heard on 13.9.90. The appeal was posted for dictation Of order on 14.9.90. On that day learned Counsel for the opposite parties submitted the statement of account relating to average. Dictation of order was deferred as the parties stated that they want to make additional submissions. Additional submissions were heard on 15.9.90. Parties present on that day prayed for one day''s time and so the appeal was adjourned. On 17.9.90 the Assistant Engineer submitted a statement showing amounts deposited by the complainant. That was placed on record. On 18.9.90 Mr. Jagdeesh Sharma, Advocate for the complainant-appellant submitted a statement of account about the amounts deposited by the appellant and photostat copies of the bills and chart supplied by the respondent. On 18.9.90 learned Counsel for the appellant submitted an application stating that the complainant-appellant is ready to deposit Rs. 300/- with the respondent within one week from that day and will abide by the directions regarding payment which may be given at the time of the final disposal of the appeal in respect of the amount outstanding against him as electricity dues. It was also stated by Mr. Sharma that if any amount is found due it will be deposited, besides the amounts which have already been deposited including Rs. 300/- which will be deposited within one week from that day, the appellant shall deposit the amount within one week from the date of the decision of the appeal. A prayer was made on that day that the electric connection which was disconnected on 17.6.90 may be restored. It was ordered that on deposit of Rs. 300/- within one week from that day (i.e. 18.9.90) by the appellant with the respondent, the electric connection to the complainant-appellant shall be restored within a week from the date of the deposit of the amount. It was recorded on 11.10.90 that the appellant has deposited Rs. 300/- as ordered and that electric connection has been restored.

The dispute is with respect to additional demand of Rs. 1,184.56 raised against the complainant-appellant in the bill. The case of the complainant-appellant is that he has already deposited the amounts according to the bills as and when received and no amount is outstanding against him. On the other hand the contention put forward on behalf of opposite parties is that the meter of the complainant was not working and it has not recorded reading, inasmuch as, it remained stopped from March 1986 to August 1988 i.e. for a period of 30 months. As the meter was stopped for a period of 30 months, average of the consumption preceding three months from March 1988 i.e. December 1988, January 1989 and February 1989 was taken and as per that average amount of additional demand for 30 months was raised. We may refer to Condition No. 19 of the General Conditions of Supply and Scale of Miscellaneous Charges relating to the Supply of Electricity, ("the Conditions"). Conditions No. 19 deals with Meters. The relevant Clause of Condition No. 19 is (a)(i) : "Accuracy of the amount of energy supplied to a consumer shall be ascertained by means of a correct meter which may be hired from the Board or purchased by the consumer at the latter''s option. In the latter case, the make and type of the meter shall be subject to the approval of the Board. Where the meter is hired from the Board, the Board shall keep the meter correct and in default of its doing so the consumer shall for so long as the default continues, cease to be liable to pay for the hire of the meter."

Clause (c) of Condition No. 19 deals with Accuracy. It is as follows : "Accuracy : Should there be a dispute regarding the accuracy of the meter/meters, notice thereof is to be given by either party to the other as the case may be, for its testing by the Board or the Electrical Inspector to Government of Rajasthan in accordance with Section 26 of the Indian Electricity Act, 1910. In the case of the consumer giving such notice to the Board for the testing hereby the prescribed fee is to be deposited by him therewith. This fee shall be refunded to the consumer except in the case meter after test is found to be correct within the limits prescribed under the Indian Electricity Rules, 1956. In the event of the meter being tested found to be incorrect, the cost of and all reasonable expenses incidental thereto shall be met by the party to whom the meter belongs and the amount of the bill adjusted in accordance with the result of test taken with respect to the meter readings of the three months prior to the month in which the dispute has arisen, due regard being paid to the conditions of working, accuracy, etc. during the month under dispute, and during the previous 3 months. In the event of test being undertaken by the Electrical Inspection and the meter being found to be incorrect, the period during which the meter shall be deemed to have been incorrect and the amount of energy supplied to the consumer during the period shall be decided by the Electrical Inspection whose decision shall be final. The Board shall at any reasonable time and on informing the consumer of its intention have access to and be at liberty to inspect and test and for that purpose, if it thinks fit take off and remove any meter to its laboratory."

CLAUSE (d) of Condition No. 19 is in respect of reading of meters. It will be useful to except (d) (i), (v) and (vii). They are as follows : (d) Reading of : - (i) "Reading of meters will be taken by the employees of the Board once in each month or such other intervals or times it shall think expedient, and such meter readers shall have access to the consumer''s premises at all reasonable times for the purpose of such reading. The reading of each meter shall be entered by such reader in the meter card to be attached to such meter which shall be open to the inspection of the consumer."

(v) "In cases where a consumer normally resides away from the station and requests in writing that supply to his premises should not be disconnected even though the meter may not be made accessible for reading, his request will be complied with provided he is aggreeable to pay the minimum charges regularly every month and to inform the local office immediately on his return to the station and to make the meter available for reading. In such cases, the consumption if any, recorded by the meter will be taken as the consumption during the last month and not the total consumption spread over the preceding months when the meter was inaccesible. These consumers will not be entitled to any adjustment of the units consumed towards and minimum charges paid by them during the period of inaccessibility of the meter. In the event of their failure to pay the minimum charges regularly every month, the supply will be liable to be disconnected after due notice. Further, they should make the meter available for reading at least once in a year after giving prior intimation sufficiently in advance, for failure of which also, the supply shall be disconnected."

(vii) "In the event of the meter being out of order for any reason during any month/ months the consumption for that month/months will be formally determined oh the basis of the average consumption over the preceding three months period and the bill for the month will be prepared accordingly and become payable by the consumer. In case, however, the meter becomes out of order within three months of releasing the connection, the consumption for the period (the defective meter remained on the premises) will be determined on the basis of the average consumption over the following three months after the correct meter is installed."

It may be stated that Clause (v) of Condition No. 19(d) is applicable where a consumer normally resides away from the station and requests in writing that supply to his premises should not be disconnected even though the meter may not be made accessible for reading. A request so made by the consumer may be complied with provided he agrees to pay minimum charges regularly every month. There are other conditions also which are not relevant. Clause (vi) of Condition No. 19(d) applies when the meter is out of order for any reason during any month/months then in that case consumption for the month/months is to be determined on the basis of the average consumption prior to three months period and the bill for the month is to be prepared. There is copy of the letter dt : 18.10.89 produced by the complainant which is in possession of opposite parties. The letter, inter alia, recites. STO To Assistant Engineer R.S.E.B. Dausa the report that meter has checked on dated 23.10.89. The detailed are as under : Name Nand Lal Sharma R. No. 5-1-112 (D.L.) Meter No. 10401338 B.S.O.K. Anp. 5.10 A I.S.O.K. Rev./Kwh -1200 Glass O.K. Reading 371. 371 A perusal of this letter shows that the meter was checked on 23.10.89. The reading mentioned therein is 371. It is recorded by the Jr. Engineer, RSEB, Dausa that the meter is correct and on enquiry being, made from the neighbours, it was revealed that the house remains closed and that the consumer for most of the time resides at Jaipur. Before us the Assistant Engineer, RSEB, Dausa submitted details of the bills raised against the complainant and the payments made thereof from 1.3.86 to August 1988. From August 1986 to August 1988 demand for Rs. 286.59 was raised vide the bills mentioned therein and this amount was paid by the complainant as is evidenced by the receipts mentioned in the aforesaid statement. On the basis of the report of the Jr. Engineer who is an employee of the opposite parties it is difficult to hold that the meter did not record reading as it was stopped from March 1986 to August 1988 i.e. for a period of 36 months. As the meter was not out of order for any reason Condition No. 19(d)(vii) of the Conditions is not applicable and, therefore, report could not make for determining the amount on die basis of the average consumption over the preceding three months. Condition No. 19(v) is applicable and according to that minimum charges are to be recovered. The other consequences ensuing from Condition No. 19(d)(v) are to follow. The complainant is liable to pay for the period from March 1986 to August 1988 fixed service charges, meter rent and electricity duty. In other words, the liability of the complainant is for the payment of the minimum charges which include service charges, meter rent and electricity duty. The opposite parties shall intimate to the complainant-appellant the amount which he is required to pay as aforesaid from March 1986 to August 1988. The amounts which the complainant has paid between March 1986 to August 1988 and the amount of Rs. 300/- deposited in pursuance of the direction given by the State Commission as 18.9.90 are to be adjusted. Pointed attention is invited that if any consumption has been recorded by the meter, it will be taken as consumption during the last month and not the total consumption more than the preceding months when the meter was inaccessible and the complainant will not be entitled to the adjustment of the units consumed towards the minimum charges paid/to be paid during the period of inaccessibility of the. meter. Calculated as stated above, if any amount is outstanding against the complainant, it shall be deposited within one week from the date of intimation to the complainant by the opposite-parties. It needs to be mentioned here that in the order dt : 18.9.90 it was mentioned that the complainant has stated in the application that if any amount is found due to be deposited besides the amounts which have already been deposited by the appellant including Rs. 300/- which have been deposited within one week from that day, the appellant shall deposit the amount within one week from the date of the decision of the appeal. The electric connection has already been restored to the complainant. See order-sheet dt : 11.10.90. Thus, there is no necessity of giving any direction for the restoration of the electric connection. The appeal is allowed in part and the order dated 16.6.90 is modified to the extent stated hereinabove. In the circumstances of the case we leave the parties to bear their own costs. Appeal partly allowed. ____________