SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

Executive Engineer M.S.E.B. Pune - Appellant
Versus
Mehrunnisa Hussein K. lnamdar - Respondent
Decided On : 03/05/1998
Appeal No. 432/93
.

Headnote:Consumer Protection Act, 1986 - Sections 2 & 14 - Electricity bill complaint regarding inflated bill Upto 1991 bills were issued on basis of monthly consumption of 300 units - Consolidated bill for Rs. 16721 issued on basis that meter was put under proper reading - District Forum found that average consumption by complainant between 1985 to 1990 was between 270 to 280 units Observation of Distt. Forum that impugned bills were not issued on basis of actual reading was liable to be upheld - Electric supply was used for flour mill - District Forums direction to compute bills on basis of 300 units per month modified to issue bills on basis of average monthly consumption of 400 units. (Para 4)

       Result: Appeal allowed partly.

ORDER

A.A. Halbe, President - The M.S.E.B. Pune was preferred this appeal against the judgment of the District Forum, Pune in Complaint No. 748/92. The M.S.E.B. has been directed to prepare electricity bills from 3-4-1987 to 17-4-1993 at the rate of 300 units per month of the complainant. This should be done within 2 months from the date of order failing which the amount to carry 12% interest. Rs. 500/- have been ordered by the District Forum, as compensation and Rs. 200/- by way of cost, to the Appellant M.S.E.B.

2. The facts are that the complainant was allotted Consumer No. 174390959122, Meter No. 1/150. This meter was installed at the flour mill of the complainant in 1984 and that the bills were issued on the basis of monthly consumption of 300 units right upto 1991. However, for the period from 2-6-1991 to 2-8-1991, the consolidated bill of Rs. 16,721/- was issued and for 2-8-1991 to 2-2-1992 further bill of Rs. 33496/- was issued. Prior to this the bills were issued by monthly and the complainant therefore, made the complaint with the M.S.E.B. in regard to the inflated bills. The bill was reduced for Rs. 18040.30 Ps. The complainant could not pay the bill in full and he was therefore, granted 3 instalments(1) Rs. 9,000 + interest(2) Rs. 4,500 + interest and(3) 4,500 + interest. The first bill was charged the interest of Rs. 1535/but as he could not pay the bill, his electricity was disconnected from 7-4-1992 to 7-6-1992. In the meanwhile the complainant paid first instalment + interest of Rs. 1535/- In the result, the electricity supply was resumed. Thereafter, he paid the second instalment with interest of Rs. 1570/- and 3rd instalment on 7-8-1992 with interest of Rs. 1570/- The complainant made a grievance that he was issued the inflated bills from time to time and that there was non-delivery of by monthly bills at regular intervals. He therefore, solicited the issue of bills at a particular rate for a particular period.

3. The appellant contended that the complainant has been paying the bill upto 1991 but as he did not pay the bills thereafter, the supply was disconnected for about 3 to 4 months. In the year 1987 i.e. from 1-4-1987, the issue of bill was computerised but the meter of the complainant was not put under computer calculation. As a result of which proper bills could not be issued. There had therefore, issued bills at the rate of 300 units per month. But when meter was put under proper reading, the bill was found at Rs. 16,721/- from June, 1991 to August, 1991 and hence the bill for Rs. 14,139/ - was issued. As there was default in payment, the meter was disconnected.

4. The District Forum found that between 1985 to 1990, the average consumption was between 270 to 280 units. Thereafter the bills came to be inflated due to the fault on the part of the M.S.E.B. We feel that this observation has relevance in as much as the bills were not computerised from 1-4-1987. Prior to that even bills were handwritten and then issued. The observation of the District Forum that these bills were not issued on the basis of actual reading shall have to be upheld. During the course of arguments, the learned counsel for the M.S.E.B. contended that the complainant is having a flour mill and his average consumption is not less than 600 units per month. Hence the order passed by the District Forum about the issue of bills on the basis of 300 units per month would cause immense loss to the M.S.E.B. It is not in dispute that the electric supply is used for flour mill and if monthly consumption is computed, the figure given by the appellant cannot be said to be false. We, therefore, feel that the order of the District Forum should be amended as follows:

ORDER

Appeal is partly allowed. The Appellant M.S.E.B. to issue electric bills for the period 3-4-1987 to 17-4-1993 on the basis of average monthly consumption of 400 units. The rest of the order of the District Forum is confirmed. The period of 2 months shall be the period from the date o

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top