By the Court.—Heard Sri B.C. Rai, learned counsel for the petitioner, contends that the impugned demand bill dated 8.8.2011 is based on an assessment without following the procedure installing a check meter as prescribed in Clause 5.6 of the Electricity Supply Code, 2005. Sri Rai submits that unless the assessment is carried out by making a calculation as the results of a check meter as per the provisions so included in the 2005 Code, any bill raised is an erroneous exercise of power and the bill deserves to be quashed.

2. For the consideration of the case, Clause 5.6 is extracted herein under:

5.6 Defective Meters.—(a) The Licensee shall have the right to test any meter and related apparatus if there is a reasonable doubt abut the accuracy of the meter and the consumer shall provide the Licensee necessary assistance in conduct of test. However, the consumer shall be allowed to be present during the testing.

(b) A consumer may request the Licensee to test the meter installed on his premises if he doubts its accuracy of meter readings not commensurate with his consumption of electricity, stoppage of meter, damage to seal, by applying to the Licensee in prescribed format (Annexure 5.1) alongwith the requisite testing fee. The Licensee shall test the meter:

(i) Within 15 days of the receipt of the application, at consumer’s premises, or

(ii) Within 30 days at licensee’s lab, or Independent lab, or

(iii) By installing a tested check meter in series with the existing meter within 7 days of filing of application.

(c) In case of testing of meter at consumer’s premises, the testing of meter shall be done for a minimum consumption of 1 kwh. The meter testing team of the licensee shall carry heating load of sufficient capacity to carry out the testing. Optical Scanner may be used for counting the pulses/revolutions or meter shall be tested as per the procedure described in IS/IER 1956 or through aqua-check for LT meters and through RSS for others. The aqua check and RSS shall be calibrated in laboratory of national repute once in a year.

(i) In case the meter is found O.K., no further action shall be taken.

(ii) In case the meter is found fast/slow by the licensee, and the consumer agrees to the report, the meter shall be replaced by a new meter within 15 days, and bills of previous three months prior to the month in which the dispute has arisen shall be adjusted in the subsequent bill as per the test results. In case meter is found to be slow, at the request of the consumer, these charges may be recovered in instalments not exceeding three.

(iii) If the consumer disputes the results of testing, or testing at consumer’s premises is difficult, the defective meter shall be replaced by a new tested meter by the Licensee, and, the defective meter after sealing in presence of consumer, shall be tested at licensee’s lab/Independent lab/Electrical Inspector, as agreed by consumer. The option once exercised by consumer shall not be changed. The decision on the basis of reports of the test lab shall be final on the Licensee as well as the consumer.

(d) In cases of testing of a meter in the licensee’s/Independent test laboratory,

(i) Consumer shall be informed of the proposed date of testing at lest 7 days in advance so that he may be present at the time of testing, personally or through an authorised representative.

(ii) The signature of the consumer or his authorised representative, if any present, shall be obtained on the Test Result Sheet.

(iii) The results of testing, billing, and in case the consumer disputes the results of testing, shall be same as provided in clause 5.6 (c) above.

Note.—(i) The licensee may submit a proposal, with a list of reputed and approved test labs, alongwith their test charges to the Commission.

(ii) The provisions of IER 1956 shall however be followed until rules are made under Sections 53 and 55 of the Act.

(e) In case a check meter is installed, and if after 7-5 days of the period of test, the existing m