Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 2301/ 2025

Hon’ble Manoj Kumar Tiwari, J.

1. Mr. Tapan Singh, Advocate for the

petitioner.

2. In this petition, filed under Article 227 of the Constitution, petitioner has challenged order dated 24.04.2025 passed by Electricity Consumer Grievance Redressal Forum (Garhwal Zone), Dehradun. By the said order, complaint made by respondent was allowed and the demand of ₹5,72,792/- made by petitioner, based on difference in reading of check meter and

main meter, was set aside.

3. Learned Electricity Consumer Grievance Redressal Forum relied upon proviso to Clause (5) of Regulation 5.1.3 of the Uttarakhand Electricity Regulatory Commission Regulations, 2020, notified on 29.10.2020 for allowing the complaint. Clause (5) of Regulation 5.1.3 reads

as under:-

“(5) The Licensee shall, within 30 days of

receiving the complaint, carry out testing of the meter as per the procedure specified in these regulations and shall furnish duly authenticated test results to the consumer. The consumer shall be informed of proposed date and time of testing at

least 2 days in advance.

Provided that where the Licensee is installing a

test/check meter alongwith the meter under test for verification of energy consumption, in such cases the Licensee shall be required to provide a copy of the valid test report of such test/check meter to the

consumer before initiating the testing.”

consumer, who disputes the accuracy of a meter, to give notice/complaint to that effect and by paying prescribed testing fee, have the meter tested by the licensee. Proviso to Clause (5) is

attracted when the licensee suspects that a meter is recording less consumption of electricity than the actual consumption by the consumer. The proviso safeguard the interest of the consumer by providing that licensee shall be required to provide a copy of the valid test report of such test/check meter to the consumer before initiating the testing.

5. Clause 12 of Regulation 5.1.3 provides that if the consumer or his representative disputes or refuses to sign the test report, the defective meter shall not be replaced and the matter shall be decided either, (a) upon the application of consumer, by CGRF or Electrical Inspector or any authorised third party, who shall test the correctness of the meter and give results within one month; or (b) upon the application of Licensee, by Electrical Inspector or any authorised third party, who shall test the correctness of the meter and give results within one month.

6. Petitioner is licensee, as defined under Section 2(39) of the Electricity Act, 2003. Petitioner installed a check meter in the premises of respondent, without following the procedure, as laid down in proviso to Clause (5) of Regulation 5.1.3. Based on reading of the check meter, demand of ₹5,72,792/- was raised by the petitioner, which was challenged by respondent before Electricity Consumer Grievance Redressal Forum. The complaint filed by respondent was allowed and the demand raised by petitioner was set aside on the ground that the prescribed procedure was not followed while installing check meter.

7. Learned counsel for the petitioner submits that during inspection, it was found on 03.12.2024 by the Executive Engineer, Testing Division (Rural), Dehradun that there was some fault in the meter installed in the premises of