- The Rajasthan Electricity Regulatory Commission
Transcription
- The Rajasthan Electricity Regulatory Commission
ELECTRICITY OMBUDSMAN, RAJASTHAN JAIPUR Case No. : EOR - 236/2015 In the matter of representation filed before the Electricity Ombudsman, Rajasthan, Jaipur by Shri Rajendra Kumar Mehta, Bheru Gate, Bundi – 323 001 Appellant v/s Jaipur Vidyut Vitran Nigam Limited, Vidyut Bhawan, Janpath, Jaipur - 302005 Represented by Appellant: Respondent: Respondent Shri Rajendra Kumar Mehta XEN (Div. I) JVVNL, Bundi Ms Nitika Sud, Advocate Heard on 13.4.15 in presence of Appellant: None Respondent: XEN (Div. I) JVVNL, Bundi Ms Nitika Sud, Advocate Coram D. R. Mathur Electricity Ombudsman, Rajasthan Award Date: 15.4.15 Registration of the case 1. The Appellant filed the representation on 16.2.15 before the Electricity Ombudsman, Rajasthan which was registered at Case No. EOR – 236/2015 on 16.2.15. 1 Brief of the case 2. The Appellant is having a connection (a/c no. is 1765-0161) under Agriculture Metered Supply (AG/MS/LT-4) category in village Holaspura (District Bundi). The minimal facts leading to this representation are narrated hereunder: 1) The Appellant approached the Divisional Forum (Div. I) of the Respondent at Bundi (Forum in short) for redressal of his Non-monetary nature of grievance about receiving the electricity bills on the basis of imaginary readings but the Forum did not conduct any hearing and no decision was accorded. 2) Aggrieved from non-redressal of grievance by the Forum, the Appellant filed the representation before the Electricity Ombudsman for redressal of his grievance. Representation 3. The representation along with documents submitted by the Appellant averred as under: 1) The Meter reader / person authorised by the Respondent is not visiting site for taking the correct meter reading and JVVNL, Hindoli / billing agency are continuously issuing bills for month of Nov’14 on basis of imaginary readings of the meter no. 5119228 which was removed and new meter No. 14211349 with zero reading was installed on 28.10.14. It proved that the Meter reader / person authorised by the Respondent did not visit the site otherwise he would have taken reading of existing meter on the meter reading date 25.11.14. 2) This is clear violation of Clause 26 of Terms and Conditions for Supply of Electricity – 2004 (TCS in short) and Regulation 12(2)(a) of Metering Regulations for taking correct reading; which read as under: Terms and Conditions for Supply of Electricity – 2004 26. Reading of meters (1) On behalf of the Nigam, a meter reader or a person authorised by the Nigam in this behalf, shall have access to the consumer’s premises at all times during the day for the purpose of reading the meter for ascertaining the amount of electricity supplied or the electrical quantity contained in the supply to the consumer. (2) The meters shall be read each month or at such intervals as the Nigam may fix with approval of the Commission Rajasthan Electricity Regulatory Commission (Metering) Regulations 2007 12. Meter reading and Data Collection. (2)Consumer meters (a) The licensee shall arrange meter reading of various categories of consumers through authorized representative. Depending upon category of consumer meters or its stored data meter may be read manually or using CMRI through meter communication port. [Underlined for emphasis] 2 3) Such wrong billing on the basis of imaginary reading cause adverse effect in calculation of average energy consumption for the purpose of security deposits and various other complications in assessment of energy in case of stopped meter. 4) In several earlier cases (e.g. case no. EOR - 67/2012) the Electricity Ombudsman has passed award directing the Respondent to take appropriate action so as to ensure recording of correct meter readings and counter checking of meter readings taken by the Meter readers. 5) It is a matter of great disappointment and anguish for the Appellant that the Respondent and its field staff have no regard for the orders passed by the Electricity Ombudsman and are continuously harassing the Appellant by issuing bills on the basis of imaginary readings. 6) The Appellant vide letter dated 4.12.14 approached the Forum for redressal of his Non-monetary nature of grievance about receiving the electricity bills on the basis of imaginary readings but the Forum did not conduct any hearing and no decision was accorded. 7) Relief sought from Electricity Ombudsman: i. The Electricity Ombudsman should pass award directing the Respondent to make arrangement for recording of correct meter readings and counter checking of meter readings taken by the Meter readers for ascertaining the correct energy charges of electricity supplied to the Appellant so as to avoid any unwanted harassment to the Appellant in future. ii. Rs.2000 should be granted for mental harassment and inconvenience to the Appellant and incurring unnecessary expenses and waste of time and energy in filing appeal before the Electricity Ombudsman due to violations of Regulation 7(1) and Regulation 8 of Redressal of Grievance Regulations 2008 for not passing any order by the Forum and Regulation 12(2)(a) of Metering Regulations and clause 26(2) of TCS for not taking correct meter reading by the Respondent. Processing of the case 4. The notices were served on 16.2.15. A copy of the representation received from the Appellant was forwarded in terms of the Regulation 7(1) of the RERC (Settlement of Disputes by Electricity Ombudsman) Regulations, 2010 (Electricity Ombudsman Regulations in short), to the Respondent and the Forum for sending reply / comments/ factual report, so as to reach to the Electricity Ombudsman by 19.3.15 along with necessary supporting documents and the proof of serving a copy of the same to the Appellant. 3 5. The Appellant was also asked to furnish his comments, if any, on the Respondent’s reply, to the Electricity Ombudsman by 30.3.15 along with a proof of serving a copy of the same to the Respondent. Replies, comments and arguments 6. The Respondent furnished the reply to the representation on 19.3.15 along with a proof of serving a copy of the same to the Appellant. 7. No reply/ comment on the Appellant’s representation were received from the Forum. 8. The Appellant furnished the comments on the Respondent’s reply on 26.3.15 along with a proof of serving a copy of the same to the Respondent. 9. The case was heard on 13.4.15 in presence of authorised representatives of both the parties as listed above. 10. The Respondent’s reply, the Appellant’s comments thereupon and the arguments during the hearing, have been summarised as under: 1) The Respondent submitted that the Meter no. 5119228 was changed on 28.10.14 and final reading of that meter was 21757. M/s Data Infosis had issued bill of 22626 units up to the month of Nov’14 and the excess amount of 22626 – 21757 = 869 units amounting Rs 817 was credited. Thereafter the Bill of Jan’15 was issued for Unit 0-1879 based on New Meter No. 14211349. The Appellant was also informed vide AEN letter dated 9.2.15. 2) The Junior Engineer (O&M) JVVNL Dablana prepared report dated 5.2.15 in respect of meter No. 14211349 (with KWH reading 2161) of the Appellant for counter checking of meter reading. Thus the averments of the Appellant that the Respondent and its field staff have no regard for the orders passed by the Electricity Ombudsman is false and concocted. 3) The Appellant was informed vide letter dated 16.12.14 regarding the Meeting of the Sub-Division Level Settlement Committee to be held on 19.12.14 but he was not present in the said meeting. Thereafter the Appellant was again informed vide letter dated 9.2.15 for appearing in the Meeting of the Sub-Division Level Settlement Committee to be held on 12.2.15 but he again failed to appear in the meeting. However, the Appellant’s complaint was disposed of in the said meeting held on 12.2.15. 4) The Respondent therefore prayed that the reply be taken on record and the matter be dismissed with cost as the Appellant filed the representation after the correction in the bill. 4 5) In reference to the Respondent’s above reply, the Appellant commented that the Respondent did not reply to the allegation that Meter reader / authorized person is not visiting site for taking the correct meter reading. 6) Similarly, the Respondent did not reply to the allegation that Forum violated Regulation 7(1) and Regulation 8 of Redressal of Grievance Regulations 2008 for not passing any order. The grievance application was sent to the Divisional Forum, JVVNL, Bundi to hear Appellant’s above non-monetary grievance application. Therefore AEN JVVNL Hindoli was not competent authority to hold meetings of Sub divisional Forum on 19.12.14 and 12.2.15, being beyond jurisdiction. 7) During the hearing the Respondent mentioned that the problem of incorrect meter reading was due to change over of Meter Reading & Bill Issuing Agencies. Subsequently the Nov’14 bill of the Appellant was corrected in terms of unit consumption as well as in terms of amount. 8) The Respondent further mentioned that now the JEN has been made responsible to counter check the meter readings taken by the Meter Reading Agency. It was further assured that the concerned AEN and XEN will also ensure this connection for conducting the counter checking of meter readings as per the norms prescribed by the Discom Management. Settlement by Conciliation 11. In absence of any person on behalf of the Appellant during the hearing, the effort for any settlement of the representation in view of the Regulation 7(2) of the Electricity Ombudsman Regulations could not be attempted. The Electricity Ombudsman, therefore, analysed the case and accorded the decision as hereunder. Analysis of the case 12. Based on the written statements / documents provided by both the parties, arguments made during the hearing and considering the applicable provisions of the Act, relevant Rules & Regulations, Tariff and TCS etc, the case has been analysed as under: 1) It is observed that subsequently the Nov’14 bill of the Appellant was corrected in terms of unit consumption as well as in terms of corresponding amount. The Respondent has already deputed the JEN for counter checking of the meter readings of the Appellant taken by the Meter Reading Agency. It was further assured that the concerned AEN and XEN will also ensure this connection for conducting the counter checking of meter readings under the norms prescribed by the Discom Management. 5 2) Thus, the Appellant’s grievance has been subsequently redressed by the Respondent. Award on Representation 13. Based on the analysis of the case as above, the Electricity Ombudsman hereby pass the award under Regulation 8 of the Electricity Ombudsman Regulations, as under: 1) Keeping in of the fact that the Appellant’s grievance was subsequently redressed by the Respondent; the Electricity Ombudsman does not find any merit in allowing further relief or compensation to the Appellant. The representation under reference is therefore stands disposed off accordingly. 2) No orders as to cost. (D. R. Mathur) Electricity Ombudsman, Rajasthan 6