Indian electricity act
Anandakrishnan V Iyer
(Querist) 22 June 2013
This query is : Resolved
22/6/13
Dear Sir
During March 2012 I received provisional bill from Maharashtra State Electricity Distribution Co. Ltd (MSEDCL) ( Claim against civil liability ( Asessment ) of theft of electricity as per Indian Electricity Act 2003 u/s 135 and Compounding Charges.
At the same time my old electricity meter was changed to Electronic Meter and I had to also pay the new meter cost. I paid the provisional bill and compounding charges promptly by cash on receipt of the bills.
It was quiet a shocking allegation against me as in our Society we do not have access to the meter room without the permission of the secretary. My meter was checked by the flying squad and they claim to have detected the theft.
Aggrieved by the false charge against me, giving no time for me to prove my innocence as I have to make the payment within 3 days being a non-bailable offence I made the payment promptly.
I filed application under RTI asking for the query whose responsibility it is to test the meter. After months of personal visits and more RTI queries I was informed that MSEB is responsible for testing of meters if we ask for it. MSEB also checks the meter by their flying squad if they have any doubt of theft in any particular area. I have also appealed to the appellate authority as a last ditch attempt. I was called for a personal hearing and I was told that they are unable to do anything as their job is to only provide information under RTI. If we want we can approach the court.
I would like to know whether we can approach the consumer court.
I request your goodself to guide me in this matter.
Anandakrishnan V
Thane 400601, Maharashtra
Rajendra K Goyal
(Expert) 24 June 2013
You can approach Consumer Court for wrong civil liability charges and compounding charges provided you have sufficient proofs. You can also approach Parmanant lok adalat (Public Utility Services) A para of TOI dated 25.1.2010 is as under:
MUMBAI: In a move that will decongest the civil courts of petty disputes relating to public utility services, the Maharashtra government has decided to set up four Permanent Lok Adalats to hear such cases.
For example, a consumer of Maharashtra State Electricity Board who feels that he has been overbilled can approach such Lok Adalats. The Adalat will first work towards an amicable settlement between the two parties but if that is not acceptable, it go for a final settlement which will be deemed to be a decree of the civil court. To appeal against the final settlement, the litigant will have to approach the high court.
prabhakar singh
(Expert) 25 June 2013
Mr.Rajendra K Goyal has sufficiently advised you.
Raj Kumar Makkad
(Expert) 26 June 2013
I also do endorse the advice of Rajender g.
