Complaint Case No. 42/2023

Mahendra Singh  S/o Late Sri Goverdhan Das Pathar Bazar Railway Road , Aligarh

V/s

EXECUTIVE ENGINEER Vidhyut Nagariya Vidhyut Khand I Dakshanchal Vidyut Vitran Nigam Ltd. 33/11 KV Vidhyut Upkendra Sasni Gate, Agra Road, Aligarh  

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.       The Op be directed to refund the amount Rs.65527/ with interest.
2. The Op be directed to pay compensation Rs.100000/.
3. The Op be directed to pay legal expenses Rs.15000/.  

2. Complainant has stated that he is the consumer of LMV2 electricity connection. There has been dispute between complainant as tenant and landlord who usually harasses the complainant landlord in collusion with  the employees of the electricity department and got impleaded the complainant in electricity theft case. The meter was replaced by the new  meter on 27.10.2021. Complainant or his representative was called upon on next day 28.10.2021 at lab whereas at least 7days time is provided as per clause 5-6(d)(i) of the code 2005. Complainant’s son reached the lab where his signatures were got obtained on blank papers. An electricity bill dated 4.12.2021 for Rs.104854.00+compounding fee Rs.20000 total Rs.124854 was send. Along with the bill, no certificate of defective meter or sealing certificate were annexed. It is provided in clause 8.1(b) (ii) that in case the seal of the meter is tempered or glass is broken and the consumption of the period before and after are similar then no assessment shall be made. Complainant has been harassed by violating the provision of clause 6.1(e)(ii). Complainant has also stated that the bill was firstly raised for 20 hours consumption and thereafter on making protest bill was raised for 14 hours and lastly for 12 hours whereas as per notification 20.5.2003 of the UP Dukan aur Vanijay Adhishthan Adhiniyam,1962  the time for opining the shop is 10 AM and for closing the shop is 8 PM and thus 10 hours have been prescribed. Op has realized the amount Rs 65527 under the threat of disconnecting the connection.             
3. Op submitted in WS that the complainant is a consumer of electricity connection LMV2 of 2KW and old meter was replaced by new meter. As per sealing certificate dated 27.10.2021 the seal of the meter was found tempered and  C.T. wire of the meter was found broken. On 28.10.2021 on testing the meter at lab which are punishable under clause 8.1/8.2. The assessment was made as per rules and complainant made the part payment on 10.3.2022 whereby the Rs.40000 as part payment and Rs.20000 compounding fee. Complainant has admitted that he had tempered with the meter and it was his first offence of electricity theft. The assessment was revised at Rs.45527 on the basis of 12 hours consumption which was earlier assessed at Rs58710 and compounding  fee Rs.20000.  
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties.
6. First question for consideration is whether the complainant is entitled for any relief?
7. Admittedly old meter was replaced by new meter on 27.10.2021 and on 28.10.2021 the old meter was tested at  lab where the seal was found tempered and inner C.T. wire was found broken and on the basis of said defects in the meter the assessment was made at Rs.58710 for 12 hours consumption. As per clause 5.6(d) (i) of the code 2005, the defective meter shall be tested at licensee’s / independent lab and consumer shall be informed of the proposed date of testings at least 7 days in advance. In the present case meter was tested next day  of the checking and the provision of clause 5.6(d)(i) was violated. There is nothing to show that complainant had given his consent for testing the meter at Ops lab and there is nothing to show that the complainant was given option for testing the meter at independent lab. Complainant has stated on oath that the signatures of his son were got obtained on blank papers. Under the circumstances the result of testing  the meter is not reliable. Moreover there is provision in clause 8.1(b)(ii) that no theft case shall be booked for mere breakage of window glass or old seal of the meter. In such cases the average monthly consumption pattern for the last one year is reasonably uniform as assessed consumption (monthly), and there is no other prima facie evidence of theft/ UUE found at the premises, no proceeding shall be taken for theft/ UUE. Besides the test report of the meter it is not stated by the OP that there was any difference in average monthly consumption pattern in usage of the electricity by the complainant before and after the alleged checking made on 27.10.2021.  The question of making admission at the time of payment of the amount Rs. 45527 and compounding fee Rs.20000 cannot be helpful to the OP as complainant has stated that the payment was made under threat of disconnection of the electricity connection and thus alleged admission cannot be held to be voluntary admission. It is also important to note that assessment was raised for 12 hours consumption whereas there can be 10 hours consumption in accordance with UP Dukan aur Vanijay Adhishthan Adhiniyam,1962 and alleged assessment is illegal. We are of the view that the alleged assessment is wrong, illegal and against the provisions of law and is liable to be set aside and the amount Rs. 65527     paid under threat by the complainant is liable to be repaid to the complainant.
8. Question is formulated in favor of complainant.      
9. We hereby direct the Op to repay the amount Rs. 65527     paid under threat by the complainant with pendente lite and future interest @9% per annum. Op shall also pay to the complainant Rs. 10000 as compensation for harassment and Rs. 10000 as litigation expenses.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.