Consumer Forum

Electricity in the service of flat owners

By Anju D. Agarwal

Posted on 20 March 2001
 

Electricity plays an important in our modern day lives . Every flat constructed should have an electricity connection so as to make it habitable . Even after occupation of the flats. The problems continue to face consumers . It was keeping this in view that the supply of electricity energy was specially included in the definition of “service” when the Consumer Protection Act (CPA) 1986 was enacted . Any fault, imperfection, shortcoming or it’s service amounts to “deficiency” in service [section 2(1)(g) and (0) of CPA].

Immediately after the Consumer Protection Act become operative on 1^st July 1987, many complaints were filed connected with electricity in the consumer fora practically all over the country . In one District Forum alone, 17 cases were filed in 1988-89. Rajasthan Consumer Disputes Redressal Commission (State Commission) passed an order on 5^th July 1989 to the effect that the Electricity Board is liable to pay interest on security deposits as per rates applicable to one year fixed deposits with scheduled banks . There is a leading case decided by a highest consumer court namely the National Consumer Disputes Redressal Commission, New Delhi, on 17^th October 1989 which lays down that the said Commission may issue directions for avoiding delays in billing , wrong billing and wrongful disconnection of electricity etc.

There have been many cases connected with the supply of electrical energy since then. Some of the important decisions recently delivered are mentioned below :-

• The National Commission held that a person using held that a person using electricity for manufacturing silence for sale and profit does not use it for a commercial purpose and is therefore a consumer under the Consumer Protection Act . ( Order dated 8^th October 1991).

• Action of electrical undertaking threatening it discontinue electricity or adopting coercive methods against consumer amounts to deficiency in service ( Maharashtra State Commission Order dated 10/3/1992).

• Electric connection to the residence of a person illegally disconnected by an electricity supplying company - directions issued for immediate reconnection of electricity supply to the residence of the said person and the payment of compensation of Rs.500 also ordered (National Commission Order dated 20/3/1992).

• A person who has applied for a electricity connection is also a consumer . (Tamil Nadu State Commission order dated 25/6/1992).

• Compensation of Rs.4,000 ultimately upheld in appeal on account of harassment and mental tension ( Haryana State Commission order dated 24^th July 1992).

• Electricity bill raised including arrears of last 8 years as meter was running slow-it was held that the electrical undertaking cannot raise bill for more than six months ( Delhi State Commission order dated 18/9/1992).

• Deficiency in service has been explained in detail by the National Consumer Disputes Redressal Commission, New Delhi, in its order dated 16/11/92 citing the following instances :-

1. It was deficiency in service that the bill for electrical consumption were not prepared and served at the appointed time in accordance with the billing cycle and thereafter harassing the consumer with heavy arrears bill .

2. It was deficiency in service to have raised bills without actual meter reading.

3. It was deficiency in service to raised the arrears bill without details of the period to which the arrears pertained.

4. It was deficiency in service to serve the bill on the consumer on a Sunday and to expect him to pay a sum of over a lakh of rupees within three days.

5. The meters generally belong to electricity supplying companies . It is, therefore, the responsibility of these companies to maintain them in good condition . If an electricity supply company does not exercise even elementary care to seeing properly, that will constitute a deficiency in service as it inevitably leads to wrong billing against the consumers.

6. Charging of late fee wrongfully , however small be, also constitutes deficiency in service towards the consumers.

Hence , the users of electricity should take help of redressal forums for getting their problems redressed for which there did not exist a speedy and effective remedy earlier . Subject to the other provisions of this Act, the District Forums shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees five lakh . Three such forums are functioning for the city and suburbs of Bombay and the information about their addresses or the jurisdiction can be obtained from telephone numbers : 2027052,436-1831 and 534-4069. Further clarification , if needed , can be had on phone 8056188 between 4.30 and 5.30 p.m. on Monday and Thursdays.