SAVITRI DEVI Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Appellant-smt. Savitri Devi had filed a complaint before District Forum, Gurgaon regarding excessive charges claimed by the respondent-State Electricity Board in respect of the domestic electricity connection of the appellant for the period June, 1991 to February, 1994.

(2.) The facts are not in dispute. The old meter of the appellant had gone dead in June, 1991 and thereafter she was being billed on the basis of fixed bi-monthly charges. However, suddenly in 1994, after the replacement of the old meter, the department decided to send her a bill for additional amount on the basis of the average consumption shown by the old meter for the period from May, 1990 to February, 1991. Apparently, the over-hauling was done due to some audit objection. After examining the evidence of the parties, the District Forum has come to the conclusion that as the meter was defective, the Electricity Board was quite right in charging the bill on the basis of the average consumption for the period of six months prior to the old meter having burnt out.

(3.) The learned Counsel for the parties have been heard. It has been contended by the learned Counsel for the appellant that a new meter was installed on 15th June, 1993 and if at all the earlier bills were to be overhauled on the basis of average consumption, this should have been done on the basis of the consumption for six months period after the installation of the new meter. However, inexplicably the Board decided to take the average of six months from May, 1990 to February, 1991 for overhauling the bills. No reasons have been given for doing so. It has apparently been done on the basis of the consumption during the period which showed the maximum consumption. He has argued that the appellant lived alone in the house and her son had gone away to Canada and therefore, the charges should not be recovered on the basis of old average. On the other hand, the learned Counsel for the Electricity Board has argued that the charges have been recovered as per the regulations of the Electricity Board and there has been no defect or deficiency in doing so.