RAJASTHAN STATE ELECTRICITY BOARD Vs. ROSHAN LAL JAIN

JUDGEMENT

(1.) Against the order dated 2-7-1991 passed by the District Forum, Jaipur in complaint Case No.1320/90, the opposite party has filed this appeal.

(2.) The complainant-respondent alleged that in his residential house No.570, Golechha Bhawan, Adarsh Nagar, Jaipur he has got 3 meters (1) 129818, (2) 855031 and (3) 53823. The complainant has stated that the third meter i. e.53823 and was not out of three meters he was consuming electricity from using the first two meters though they were in the working condition. It was submitted that the complainant has been paying the amount of the bills of meter No.53823, as and when received. The complainant has alleged that out of malice, the opposite party stopped one meter from December, 1988 to September, 1990 and sent the bill for Rs.2,685.20 on the basis of average reading which he was asked to pay upto 3.12.1990 After receiving the said bill, the complainant-respondent approached the opposite party for checking and examining the said meters. The opposite party got them examined and they were found in order i. e. in working condition. A request was made by the complainant to amend the bill of Rs.2,685.20. But the opposite party gave directions to the complainant to deposit the amount of the said bill failing which the electric connection will be disconnected. The complainant was asked to deposit the amount. The complainant again made a request on 19.12.1990 but it was not heeded to and a threat was given to disconnect the electricity. Thereafter on 27.12.1990 the complainant filed a complaint under Sec.12 of the Consumer Protection Act, 1986 ("the Act" herein) before the District Forum, Jaipur stating that the opposite party-appellant is not entitled to recover the amount of Rs.2,685.20 from the complainant on the basis of average consumption. A sum of Rs.5,000/- was claimed as damages. The opposite party disconnected all the three connection on 28.31990 The complainant filed an application for temporary mandatory injunction for immediate supply of electricity and for restraining the opposite party-appellant not to disconnect the electric supply till disposal of the complaint. The District Forum allowed the application and rcconnection was given by the opposite party on 5-71991.

(3.) The opposite party resisted the allegations. It is admitted that the complainant had three connections. But out of the 3 meters, one meter remained stopped from December 1988 to September 1990. That meter was changed from August 27,1990 and in place of old meter 10558399, new meter 11-53823 was installed i. e. in place of the stopped meter. After installing the new meter on 27-8-1990 checking was done on December, 1990 and it was found in order. It was pleaded on the basis of Condition No.19 (d) (vii) of the General Conditions of Supply and scale of Misc. Charges relating to the Supply of Electricity ("the Conditions" hereinafter) that when the meter is stopped or is out of order then during the period it remained stop or out of order preceding three month's average consumption charges can be recovered. The meter remained stopped from December, 1988 to August, 1990 as it was changed on 27-8-90 and so of the previous meter, whatever consumption was made for the months of August, September, October, November, 1988 three months' average was taken and on that basis a bill for Rs.2,685.20 was sent to the complainant for payment. It was pleaded that as the meter in question was stopped, the bill was sent with the nil reading. It was only after the change of the meter and checking of the new meter, it was found that the old meter was stopped and the bill was sent according to the Conditions and if the complainant fails to make the deposit as demanded, his electric connection was liable to be disconnected. The complaint was filed before the District Forum on 27-12-1990. The complainant submitted a copy of the bill of December 1990 and also photo stat copy of the letter of AEN dated 14-12-1990.