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Shah Nursing Home - Appellant
Versus
Rajasthan State Electricity Board - Respondent
Decided On : 07/19/1995
Appeal Nos. 452/92 and 490/92
.

Headnote:Consumer Protection Act, 1986 - Sections 12, 17 and 2(1), (9) - Indian Electricity Act, 1910 - Section 23(3) - Condition 19 (d)(7) of General Conditions of Supply Deficiency in service - Complainants-appellants meter remained stopped - When correct meter installed consolidated bills of arrears based on average sent - Statutory obligation of RSEB to supply correct meter and re-supply it when it goes out of order - Statutory obligation upon SEB to charge electricity or power consumption bills only on basis of correct meter - Unilateral condition contrary to this void - There is nothing which can be charged on basis of average precedent or subsequent - District Forum simply holding that charging could be made on basis of average - Section 23(c) of Indian Electricity Act only gives liberty to Board to formulate method of charging energy - Electricity Board can either charge on basis of actual amount of energy supplied or can charge on basis of electrical quantity contained in supply or by some other method as approved by State Government - Meter remain stopped for years in both Cases - Gross deficiency in service. (Paras 6 to 9)

       Result: Complaints allowed.

ORDER

Navin Chandra Sharma, President-Not a day passes before Consumer Disputes Redressal Agencies, not only in various Districts of this State, but throughout the length and breadth of this country when disputes relating to gross negligence on the part of 8ectricity Boards and deficiency in service are not alleged as well as upheld.

2. It is high time that particular attention as well as a waging should be given to the 8ectricity Boards that this sort of negligence and deficiency in service cannot be allowed to continue any further. It would be useful here to quote certain observations made by the Supreme Court in Lucknow Development Authority’s case reported in 1993(6) 11 J.T. 307.

“The importance of the Consumer Protection Act, 1986 lies in promoting welfare of the society. This Act attempts to remove the helplessness of a consumer which he faces from the might of public bodies which are degenerating into store house of inaction, where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting for it, is accepting it as part of life. The enactment of the Consumer Protection Act, 1986 in these unbelievable yet harsh realities appears to be a silver lining, which may in course of time succeed in checking the rot.

In fact the Act requires provider of service to be more objective and caretaking. It is still more in public' services. When private undertakings are taken over by the movement or corporations are created to discharge what is otherwise State’s function, one of the inherent objectives of such social welfare measures is to provide better, efficient and cheaper services to the people.”

3. S. 26 of the Indian Electricity Act, 1910 contains in it a very wholesome provision. Provision contained in this section ensures to the Electricity Boards, their proper and legitimate revenues and also the consumers who have mental satisfaction that they are being charged correctly what they are consuming. This section, therefore declares the basic law that the amount of energy supplied to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a correct meter and further casts upon the 8ectricity Boards a statutory duty that it will, if required by the consumer, cause the consumer to be supplied with such a meter Quantity of electricity or water consumed by a consumer can only be scientifically ascertained through the medium of a correct meter. So also number of calls made by a telephone consumer can also only be correctly measured by correct metering equipment. By and large the consumers require the 8ectrldty Boards to supply meters and the Electricity Board charges rent for the meter. The responsibility, therefore, is of the Electricity Boards to see that the correct meters remain to be installed at consumer’s place where electrical or power energy is supplied. We do not deny that cases after cases are coming where the consumers resort to dubious methods by tampering with the meter or otherwise committing theft of electricity energy. No one prevents the Electricity Boards to make inspections of the premises and to forthwith disconnect the electricity or power connections whether installed in the house of poors, industrialists or a nursing home. Consumer Disputes Redressal Agencies will not interfere where disconnection is made forthwith as soon as the theft is detected, but we cannot allow the Electricity Boards or its responsible officers like Asstt. Engineer and Jr. Engineer to lie in deep sleep despite notice of theft of electricity or stoppage of meters. Any report by a meter reader in the meter reading record that a particular meter is stopped or is otherwise tampered with by the consumer should put these officers on immediate guard and they should forthwith inspect







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