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PRATEEK JALAN
Rajeev Sharma – Appellant
Versus
Tata Power Delhi Distribution Limited – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)--The writ petitioner has filed the present writ petition under Article 226 of the Constitution of India, against bills raised by the respondent for supply of electricity amounting to Rs.14,16,520/-, and orders dated 28.02.2013 and 19.12.2013, passed by the Consumer Grievance Redressal Forum ["CGRF"] and the Electricity Ombudsman respectively, on his complaints.
2. The petitioner was a tenant in the premises No. A-248, DSIDC Industrial Area, Narela, Delhi-110040. The premises had an electricity connection in the name of his landlord, Mr. Vishal Jain under C.A. No. 60008422549. It appears that the meter was changed several times. A new meter was installed on 15.06.2011, which was also found to be defective on 23.12.2011. The respondent, thereafter, raised the impugned charges upon the petitioner for the period 22.06.2011 to 22.12.2011 for consumption during the period the meter was defective.
3. The only contention raised by Mr. B.P. Agarwal, learned counsel for the petitioner, before this Court is that a meter reading had been taken in the interregnum on 04.08.2011, when no allegation of defect in the meter was brought to the notice of the petition
The court established that the billing for defective meters must comply with the provisions of the Electricity Act, 2003 and the relevant regulations, and upheld the decisions of the statutory forums....
Electricity distribution companies must follow the procedures prescribed by the WBERC Regulations and the Electricity Act, 2003, when alleging that a consumer's electricity meter is defective and whe....
The court established that a licensee can raise a supplementary bill based on average consumption despite delays in meter replacement, provided it adheres to the terms of the agreement.
A utility must refund excess charges from faulty meter readings as per relevant regulations limiting billing periods.
The court emphasized the necessity of adhering to procedural safeguards in billing disputes, affirming that natural justice principles apply even in electronic billing contexts.
Determining meter correctness is limited to physical defects; wiring errors cannot invoke inspector reviews as per Indian Electricity Act, 1910.
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