AJMER VIDYUT VITRAN NIGAM LTD Vs. SUMAN DEVI

JUDGEMENT

(1.) SINCE on similar set of facts the respective impugned orders passed by the District Forum, Jhunjhunu are under challenge , all the appeals have been heard together and are being decided by this common order.

(2.) THERE is no dispute that in the above appeals the meters were not showing any reading as such the concerned consumers were sent bills on average basis and payment was also made by the concerned consumers accordingly. It was only after considerable delay that the meters were changed and on the basis of MRIs of the defective meters, the bills of difference were sent to the consumers. There is no allegation that the meters in any way tempered with or misused by the consumers. There is no report or explaination whatsoever as to inspite of the meters not displaying reading the authorities did not take any steps immediately for changing the defective meters. There is also no explaination as to whether the MRI can show the monthly consumption of the power by the consumer for the period the meters were not showing any reading. The consumer is entitled to certain concessions/ rebates in monthly bills, however, the arrears bill is sent with penalty without giving any concession or rebate and even proper opportunity of hearing not given to the consumer.

(3.) ADMITTEDLY the defective meters have been installed by the authorities. There is also no clarification as to whether any action had been taken against the defaulting officers who were responsible for purchasing and installing the defective meters. In absence of any allegation of tempering with the meter or installing the defective meter by the consumer himself, in our opinion the whole responsibility lies with the authorities and consumers cannot be penalised for the same.