The present Appeal has been filed against the order dated 01.07.2014 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred to as ‘the State Commission’) by which the Complaint filed by the Respondent herein has been allowed and the impugned Bill dated 09.07.2013 for ₹77,29,520.52 has been quashed/ set aside and the Appellant herein was permitted to send a fresh Bill for the disputed period after taking average of six months subsequent to 17.05.2013 and as per the Regulations the arrears can be recovered only for a maximum of six months, the fresh billing amount be calculated accordingly. The Complainant/ Respondent was directed to make the payment as per the fresh Bill. Compensation of ₹50,000/- towards mental agony and other expenses was also awarded. 2. As per office report the present Appeal has been filed with a delay of 43 days and an Application seeking condonation of delay has been filed by the Appellant. 3. Heard Mr. Tara Chand Singhal, Executive Engineer on behalf of the Appellant and Mr. B. P. Agarwal, learned Counsel appearing for the Complainant/Respondent and perused the averments made in the Application seeking condonation of delay. In our considered opinion the delay has sufficiently been explained therefore we condone the delay and treat the Appeal as having been filed within limitation. The Application is allowed. 4. We have heard Mr. Tara Chand Singhal, Executive Engineer, who has appeared in person on behalf of the Appellant and the learned Counsel appearing for the Complainant/ Respondent and perused the impugned order passed by the State Commission. Mr. Tara Chand Singhal, Executive Engineer, who has appeared for the Appellant stated that the meter was not defective but it was giving inaccurate reading as phase B was not showing any reading which may be on account of some defect in the wiring. According to him the provisions of Regulation 33 of the Terms and Conditions for Supply of Electricity- 2004, would be applicable, where the Appellant can issue the Bills for the entire period during which the meter remained inaccurate as per the MRI report/ laboratory tests and therefore the State Commission was not at all justified in restricting the raising of the bill for a period of six months from 17.05.2013 when the defect was detected. 5. Learned Counsel appearing for the Complainant/ Respondent however referred to Regulation 30 (3) of the Electricity Regulations which was applicable during the relevant period, which specifically provide that the short amount can be recovered only for a period not exceeding six months. According to him in the Written Version filed by the Appellant before the State Commission, it has been specifically mentioned that the Complainant had sent letters in May, 2012 and September, 2012 complaining about the defective meter. However, it was corrected only on 17.05.2013, therefore, the period of six months would start from 17.05.2013 as rightly directed by the State Commission. 6. We have considered rival submissions and find that the defect in the meter was pointed out by the Complainant in May, 2012 followed in September, 2012 and the defect with the meter was rectified only on 17.05.2013. For ready reference Regulations 30 and 33 of the Regulations relied upon by the either side are reproduced below: “Regulation 30 Defective Meter In case the consumer or the licensee suspect a meter to be not functioning properly, he may give a notice to the other party and the accuracy of the meter shall be tested by the licensee on site or in its testing laboratory. In case the consumers so desires, the testing shall be arranged at laboratories designated for this purpose by the Electrical Inspector or the Central Electricity Authority. In the event of the meter being found inaccurate, the excess amount recovered from the consumer may be adjusted in the subsequent two bills. If any additional amount is to be recovered from the consumer, it may be recovered in subsequent two bills. The excess of short amount under sub clause (2) may be adjusted or recovered as the case may be for the period from the last meter testing till the date of meter being removed for testing is replaced but in any case not exceeding six months. In case of a dispute under this clause, decision of the Electrical Inspector shall be final or as may be specified by the Authority.” (emphasis by us) “Regulation 33 33. Inaccurate meter (1) In case the consumer or the Nigam suspect a meter not functioning properly, a notice can be given to the other party. The accuracy of the meter shall be tested by the Nigam on site or in its testing laboratory. In case the consumer so desires of getting his metering equipments, capacitor or transformer oil, he may get the testing done at laboratories designated for the purpose by the Commission along with testing fee prescribed at item 5 of part –II. (2) Where meter is to be removed for testing, joint inspection report shall be prepared at site and shall be got signed by consumer or his representative. Meter shall be wrapped with cloth and properly sealed with sealing material in presence of consumer or his representative. (3) Where trivector meter or Whole Current meter ceases to display the readings, in that case, the testing shall include reading of the meter also. The testing for finding the reading and load survey report shall be arranged at manufacturer’s work . (4) In the event of the meter being found inaccurate, the consumption assessment be intimated to the consumer within two (2) months of the removal of meter for testing and the excess amount recovered from the consumer be adjusted in the subsequent two bills. Where additional amount is to be recovered from the consumer, it may also be recovered in the subsequent two bills. (5) The excess or short amount under Sub-Cluase (4) may be adjusted or recovered, as the case may be, for the period from the previous meter testing till the date of meter being removed or replaced for testing or tested at site, but in any case this period shall not exceed six months: Provided that where inaccuracy has been detected through MRI report or testing in the laboratory and the details of which are available with the Nigam, the assessment shall be made for the entire period during which meter remained inaccurate as per MRI reports/ Laboratory test report and copy of such reports shall also be made available to the consumer. ” (emphasis by us) 7. From the reading of the Regulation 30 reproduced above, we find that in a case of Defective Meter the Consumer has to give notice to the licensee whereafter the licensee has to take specified steps to remove the defects in the mater. However, under Clause 3 the recovery of the short amount can be made for not more than six months. Regulation 33 as it now stands deals with a situation where there is an inaccurate meter. The Proviso to Clause 5 however empowers the authorities to make the assessment for the entire period under specified circumstances. Regulation 33 relied upon by Mr. Tara Chand Singhal, Executive Engineer appearing on behalf of the Appellant would not be applicable as admittedly it was brought on the Statute Book in the year 2017, whereas the present matter relating to defective meter relates to the year 2012-2013 and Regulation 30 of the Electricity Regulations relied upon by the learned Counsel appearing for the Complainant/ Respondent which was in force at the relevant time would be applicable. That being the position, the shortfall in the amounts in the electricity dues can only be recovered for a period not exceeding six months that is what the State Commission has done. 7. In view of the foregoing discussion, we do not find any good ground to interfere in the order passed by the State Commission as it is based on true and correct appreciation of the legal position, evidence and material on record. 8. The First Appeal fails and the same is dismissed. However, there shall be no order as to costs. The statutory amount of ₹25,000/- deposited by the Appellant at the time of filing of this Appeal alongwith accrued interest shall stand transferred to the Consumer Legal Aid Account.
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