U.P.S.E.B. vs BADRI PRASAD KALA

THIS is an appeal against the judgment and order dated 9.10.1998 passed by the District Forum, Pauri, Garhwal whereby the appellant was directed to pay a compensation of Rs. 2,000/- (Rupees two thousand) and cost of Rs. 200/- (Rupees two hundred). Besides, the appellant was further directed to correct the bills, which have been sent on incorrect readings, and not to disconnect the electricity connection of the complainant on this ground.

THE brief facts of the case are that the complainant had got an electricity connection in his name. It is said that in July, 1991, the meter of the complainant was read and bills were sent but after 1993, the meter has not been read, it has been declared as defective and he has been charged bills on defective meter. THE complainant has deposited the bills regularly. In September, 1996, 670 units were shown to have been consumed, a bill of Rs. 1,027.50 (Rupees one thousand twenty-seven and fifty paise) was sent. It is not clear how the consumption of 670 units has been shown? In September, 1996, the reading of the meter has been shown as 1179 units. THE deposits made by the complainant have not been adjusted and the complainant has been directed to pay excess amounts for 670 and 1179 units. Several letters were written but nothing was heard. THErefore, the complainant filed the complaint claiming the relief that his meter be changed, the bills paid before July, 1996 be adjusted and his electricity connection may not be disconnected. He also claimed a compensation of Rs. 5,000/- (Rupees five thousand). The appellant filed the written statement and admitted that there is a meter connection in the house of the complainant. It is alleged that from 12/1991, the bills are issued on I.D.F. It is argued that when in July, 1996 a new meter reading inspector was sent, the meter was showing 1179 units. It appears that the meter has started running and it has again stopped. Looking to this fact, the corrected bill was issued. The dispute can be referred to Competent Authority but it was not done so. The corrected bill was issued to the complainant on 8.9.1997 and his meter has also been changed on 6.9.1997. The learned Forum after hearing both the parties allowed the complaint as above, against which order the present appeal has been filed.

It is again said that the connection has again been disconnected. The learned Counsel for the appellant argued that the complainant is not depositing the regular bills in the garb of this complaint, therefore, his connection has been disconnected. On deposit, the connection shall be restored. However, dispute regarding bills cannot be raised here. If the meter was detective, proper application for its change should have been given and it was the duty of the meter inspector to have got it changed. If there is any consumer dispute regarding the accuracy of any meter, the complainant can give notice after deposit of prescribed fee under Regulation 21 of Electricity Supply (Consumers) Regulations, 1984 and then proper inquiry should have been made. Nothing has been done in this case. It is specifically provided under Regulation 21(vii) of Electricity Supply (Consumes) Regulations, 1984 that, "If there is any such dispute, the consumer shall not withhold payment of the bills as are sent by the supplier. Any default in payment of bills will make the consumer liable for disconnection."

WE are also surprised in the way, in which the meter failed, again it started working and again it stopped. Such type of a plea cannot be appreciated. However, these types of disputes are to be decided by the Electricity Inspector on proper application. The complainant has filed papers that the wires and cables have been removed by the Electricity Department. When the connection has been disconnected, the department can very well do it. The complaint did not lie before the learned Forum because the complainant should have approached the proper authorities first because this was a dispute regarding meter. What should be the actual bills can also not be decided by the Consumer Forums. The appeal is, therefore, to be allowed to that extent. However, the complainant is free to approach the authorities under the Regulations and get proper relief therefrom and the Electricity Department will also check the fantastic way of stopping of the meter, again working and again stopping and will give proper relief to the complainant after proper inquiry. The complainant may be restored connection on deposit of upto date charges. ORDER The appeal is hereby allowed to the extent as above. The complaint is hereby dismissed. Cost of the appeal shall be easy. Appeal allowed.