Indian electricity act
Anandakrishnan V Iyer
(Querist) 09 December 2012
This query is : Resolved
22/11/12
Dear Respected 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.
Aggrieved by the false charge against me and giving no time for me to prove my innocence as I have to make the payment within 3 days as it is a non-bailable offence I made the payment promptly.
I filed application under RTI on 21/4/12 asking the following questions
1. In residential premises situated under Co-op. Housing Society the individual house tenants receives monthly bills from M.S.E.D.C.L. alongwith the unit rating displayed vide photo embossed on the bills.
2. Kindly advice while taking such photos indicating the current reading as on the date and time, whether the meter reader also checks the integrity of the seal placed on the meter since the meter is the property of the M.S.E.D.C.L.
3. Kindly advice the frequency with which such meter installed for domestic consumption measurement are to be calibrated?
4. Kindly advice as to who is responsible for undertaking such calibrations?
5. Kindly advise me as to how you have come to the conclusion of theft case which is in
the custody of the M.S.E.D.C.L. and nowhere in the past seal tampering was brought out to our attention?
I received reply from MSEDCL on 12/7/12 as follows
1. The photo meter readings are taken by persons of outsourcing agency deputed by MSEDCL. They have allotted work of only monthly photo meter readings of meter.
2. The outsourced agency persons are allotted only for photo meter reading and not for checking.
3. As and when required after giving an application and payment of testing charges of meter by consumer the meter will be checked by the employees of MSEDCL for calibration and checking of meter.
4. The flying squad have detected the theft case on the consumer.
( Report prepared by flying squad, assessment sheet and spot inspection report were enclosed) in the reply
I filed application under RTI on 27/7/12 asking the following questions
As per Regulation 14.4.1 of Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, the distribution licensee is responsible for the periodic testing and maintenance of all consumer meters. I am staying in this house from August 2003 onwards.
Please let me know how many times the periodic testing and maintenance of my meter was done. If done, kindly provide me the test reports for the same.
I have paid the necessary fees for testing of my new meter on 03/03/2012. As per Regulation 14.4.3, the meter test report should be provided. Till date I have not received the test report of my meter.
I received reply from MSEDCL on 6/10/12 as follows
Your old meter was not accuchecked previously and the testing reports pertaining to meter is not available with this sub-division office. The new meter installed was checked in your presence by concerned employees. The report of testing is enclosed
I filed application under RTI on 9/10/.12 asking the following questions
In response to my RTI application filed on 27/7/2012, I have received reply stating that the old meter has not been checked previously, clearing violating Regulation 14.4.1 of Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005.
In this regard, kindly advise me as to how you have come to the conclusion of theft case which is in the custody of the M.S.E.D.C.L. and nowhere in the past seal tampering was brought out to our attention? As a result I have been forced to make a payment of penalty and compounded bill .
Please refund me the amount paid by me alongwith interest.
I received reply from MSEDCL on 25/10/12 as follows
The meter was tested during periodic checking by flying squad. There is no violation of any regulation by the company.
Regarding the theft case detected all the documents are already provided. As the payments made are penalty against theft case as per rules of I.E Act 2005 detected it cannot be refunded.
I request your honourale goodself to guide me in this matter.
Anandakrishnan V
Thane 400601, Maharashtra
22/11/12
Note Whatever I have written above are from the communication I had with MSEDCL and also from their reply it may not match exactly word to word but will serve the purpose of information.
R.K Nanda
(Expert) 09 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 09 December 2012
You have very fit case in hand but it seems that you deposited the penal amount without any protest which may create a big problem for you but even then you have no other option but to act under the guidance of your local lawyer.
