JVVNL KOTA Vs. ABDUL SALAM

JUDGEMENT

(1.) This revision petition is filed against the Order dated 15.5.2002 passed by the State Commission of Rajasthan, Jaipur wherein the State Commission has dismissed the appeal filed by JVVNL, Kota the successor of the Rajasthan State Electricity Board (RSEB).

(2.) According to the respondent/complainant he is running business of stone cutting and polishing, and had taken electric connection of 50 HP and his monthly average consumption was 848.50 units only. On 8.7.1992 his meter was checked and after opening the meter he was told that two phases are closed and he was drawing electricity from one CT only. Accordingly, two CTs were purchased by him and installed after which electricity authorities checked the meter and gave a bill for Rs. 31,435 paise. Complainant paid this amount under threat of disconnection of electricity. Complainant filed a complaint praying that this amount should be repaid and electric connection should not be disconnected and he may be paid Rs. 10,000 as compensation. The petitioner/opposite party Electricity Board contended that during inspection on 8.7.1992 two phases of meter coil 2, LTCT were burnt (along with the meter). This inspection was carried out in the presence of representative of the consumer whose signature was obtained on the inspection report. Thereafter on the basis of the average consumption of six months period, a bill was given to the complainant according to the rules of the Board.

(3.) The District Forum after hearing the parties was convinced about the steps taken by the Electricity Board and dismissed the complaint. In appeal the State Commission remanded the case back to the District Forum on 28.6.1996. On remand the District Forum held that electricity authorities have not complied with Sub-section (6) of Section 26 of Indian Electricity Act, as this dispute should have been decided by the Electricity Inspector and the Electricity Board should not have raised arbitrary bill for Rs. 31,435.05 paise. Accordingly it cancelled this demand and in case the complainant had deposited the amount with the Electricity Board this should be paid back to him with 15% interest till payment along with compensation to the tune of Rs. 600.