AJMER VIDYUT VITRAN NIGAM LIMITED Vs. BHERUNLAL

JUDGEMENT

(1.) THIS appealis directed against the order dated 10.1.2011 passed by the District Forum, Chittorgarh by which while setting aside the additional recovery necessary directions have been issued to the appellants. Admittedly the respondent complainant had been regularly depositing the amount as per the bills sent to him. It has been alleged on behalf of the corporation that since LCD of the meter was not clear and no proper reading was shown, the bill for relevant period had been sent to the complainant on average basis. However, subsequently the arrears had been included in the subsequent bill as per the MRI report and reading for the period in question.

(2.) THE learned Counsel for the appellants while justifying the action of the corporation has relied upon Clause 28 of the Terms and Conditions for Supply of Electricity, 2004. The relevant portion is reproduced here as under:

(3.) ADMITTEDLY there is no allegation of tamperring by the complainant. It is the prime duty of the corporation to instal standard meters after due testing. If any defective meter has been installed by the corporation the burden cannot be put on the consumer. He cannot be held liable for the installation or even purchase of defective meters by the officers of the corporation. There is also nothing on record to show that even the compliance of Clause 28 as referred above has strictly been made by the concerning authorities. A bare reading of the above clause show that there has to be strict compliance of the necessary provisions as provided under the clause. Even if the meter was not showing any reading on the screen, the meter reader should have reported the matter to the authorities and it is the primary duty of the authorities to replace the meter immediately. It cannot be alleged that the consumer should have made the complaint and apply for replacing new meter.