Consumer Protection Digest on Electricity Services

Transcription

1 1 Consumer Protection Digest on Electricity Services Act of God - Frequent stoppage of electric supply due to Force majeur - No deficiency in service on the part of Electricity Board established (1) CPC 482 N.C. Additional bill - Task force found meter seals tampered with in presence of consumer representative - Final bill of Rs. 12,267 rightly issued to complainant (1) CPC 114 Pb. Additional power connection - Electricity department demanded excess amount for additional connection though no extra expenses was incurred by OP for service line Order of State Commission directing refund of excess amount justified 2011(2) CPC 78 N.C. Adjustment of bill - Bill based on commercial tariff when consumption is for residence - Excess payment should be adjusted in future bills (2) CPC 387 M.P. Administrative matter - Acceptance of payment of electricity bill by way of cheque or cash is an administrative matter - Does not come under a consumer dispute (1) CPC 382 Pb. Affidavit - Affidavit is only a piece of evidence and not a part of pleadings as such (1) CPC 76 Pb. Application for condonation of delay not supported by Affidavit - Condonation of delay declined (1) CPC 448 Pb. --Affidavit on a Performa not completely filled up and also no date was mentioned Affidavit cannot be relied for correctness of Audit report 2010(1) CPC 307 Pb. Agricultural connection - District Forum directed OP department to refund the electricity bill issued in violation of agricultural scheme Order being in accordance with the provisions of scheme upheld 2011(1) CPC 595 N.C. Appeal - Appeal without deposit of requisite amount under section 15 of CP Act is not maintainable (2) CPC 85 Hr. Arbitrariness - Electricity Board cannot be allowed to issue electric bills at its whims and caprice - Daljit Singh v. Punjab State Electricity Board, 1997(1) CPC 609 Pb. Arbitration A party cannot be non-suited only on the ground that it has not availed alternative remedy under Arbitration and Conciliation Act 2010(1) CPC 80 S.C. Audit report - Audit report prepared without notice not binding on affected person - Punjab State Electricity Board v. Kuldip Singh, 2004(1) CPC 657 Pb. --Affidavit on a Performa not completely filled up and also no date was mentioned Affidavit cannot be relied for correctness of Audit report 2010(1) CPC 307 Pb. Penalty imposed on consumer on the basis of Audit report about theft of energy - Finding without hearing complainant is illegal (2) CPC 86 Pb. Auditing - Bill cannot be enhanced merely on the ground of auditing report about misuse of electricity (2) CPC 609 H.P. Average based bill - No reading of meter for 6 months - Board not entitled to issue bills on average basis (2) CPC 381 M.P. Average consumption - Department replaced defective meter after two years - Bill should be charged on the basis of average shown by new meter and not on consumption shown by old meter (2) CPC 633 Hr. Electric dues not recoverable on average basis unless meter is proved to be defective for the particular period (2) CPC 121 Hr. Issuance of Bill on average basis without checking defect of meter is unjustified - Sub Divisional Officer v. Raj Kumar, 2000(2) CPC 127 Hr.

2 2 Meter found to be burnt - Issuance of electric bill on average consumption is just and proper - Sushil Kumar Mehra v. Punjab State Electricity Board, 2006(2) CPC 377 Pb. Bar of Jurisdiction - Provision of Sec. 175 Electricity Act and Sec. 3 of C.P. Act are not in derogation of provision of any other law - Jurisdiction of consumer fora not curtailed by Electricity Act (2) CPC 491 N.C. Benami connection - Electricity Board disconnected electric supply of complainant for non payment of arrears of a benami connections - Board not liable for deficient service (1) CPC 174 N.C. Beneficiary - A lessee, consuming electricity for his own benefit is a consumer - Competent to file a complaint - Punjab State Electricity Board v. M/s. Bhanu Processors, 1999(1) CPC 69 Pb. Actual user of electric supply being a beneficiary is a consumer even if connection is not in his name - Sat Pal v. P.S.E.B., 2006(2) CPC 137 Pb. Complaint can be filed by son of deceased father as a beneficiary of electricity supply (2) CPC 476 A.P. It cannot be always inferred that a son is beneficiary of electricity connection standing in the name of his father (1) CPC 81 Pb. It is settled law that an heir of deceased consumer, being a beneficiary, is a Consumer under the Act (1) CPC 74 Pb. Landlord being beneficiary can be made liable to pay arrears of electric bill of his tenant - Disconnection of supply for non-payment of bill justified - Punjab State Electricity Board v. Malkiat Singh, 1998(2) CPC 406 Pb. Bill payment - Demand of bill supported by condition of supply of Energy - Consumer is bound to pay - Punjab State Electricity Board v. Santokh Singh, 2004(1) CPC 112 Pb. Bill period - If meter is found to be defective the same must be replaced within six months - Bill on average basis cannot be issued for a period of more than six months (2) CPC 525 Pb. Bill recovery - An electric bill for more than 6 months is not legally recoverable from the consumer (2) CPC 472 Chd. Bribery - Allegation of corruption not levelled against the employee in earlier proceedings - Allegation presumed to be false (2) CPC 138 Hr. --Before issuing a false bill of Rs. 44,880 for theft of electricity OP demanded Rs. 15,000 as bribery which was partly paid Bribe money was tried to be returned as supported by witnesses to ensure withdrawal of complaint Bill quashed with compensation 2011(2) CPC 279 Pb. Allegations of accepting bribery by official of Electricity Department made by complainant - Department is duty bound to hold inquiry against the official - Punjab State Electricity Board Patiala v. Joginder Singh, 1998(1) CPC 642 Pb. Broken meter - Broken meter not replaced despite repeated requests - Consumer cannot be penalised for theft of energy (1) CPC 101 Pb. --Seal of meter found broken by checking staff Use of excess load and theft of energy proved Enhanced bill of Rs. 23,982/- justified Relief declined 2010(1) CPC 189 Pb. Electric meter found broken showing lesser consumer than previous months - Board rightly charged bill on average basis (2) CPC 640 Chhatisgarh Broken meter glass - Mere broken glass of meter does not prove that consumer was committing theft of energy (2) CPC 88 Pb. Broken seal of meter - Mere broken seal of meter does not prove theft of energy - Fact to be proved by sound evidence like a case in criminal Court (2) CPC 135 Hr. Buffaloe s death - Complainant s buffalo electrocuted by a general transmission line - Complainant not a consumer under C.P. Act (2) CPC 645 Pb. --Buffaloes died due to electrocution as supported by FIR and Post Mortem Report Board rightly held liable to compensate the complainant Relief upheld 2010(1) CPC 227 N.C. --Death of Buffaloe due to electrocution - Electricity Department directed to pay compensation of Rs. 25,000 with cost Rs. 5, (2) CPC 668 N.C. Complainant s five buffaloes died due to defective wires - Deptt. held liable for gross negligence (2) CPC 426 Hr. Burnt meter - Where meter is burnt, matter cannot be referred to Chief Electricity Inspector - It can be referred only where it is not correct (2) CPC 377 Pb.

3 3 Calculation of consumption unit - A wrong bill issued by Haryana Vidyut Nigam by calculating consumption of 1607 unit instead of 1252 Order of District Forum granting relief by quashing the bill upheld (1) CPC 683 N.C. Categorization of industries - Electricity department cannot make categorization of industries which comes under domain of Director of Industries (2) CPC 669 H.P. Cause of action - Cause of action arises from the date of issuance of electric bill when period of limitation starts to run (1) CPC 253 Pb. Cause of action arises from the date when claim by H.S.E.B. is refused and not from date of occurrence of damage - Sub Divisional Officer, H.S.E.B. v. Ramesh Kumar, 1997(1) CPC 278 Hr. Cause of action regarding non supply of electricity arose in Complaint filed in 1991 is beyond limitation (1) CPC 374 N.C. It would arises not from the date of disconnection of electric supply but from the date when refund of security amount is denied (1) CPC 76 Pb. Caused fire - No cogent evidence produced to prove that fire in factory was caused by short circuit - Board not liable for the loss (2) CPC 146 Hr. Change of electric connection - District Forum has no jurisdiction to change electric connection in complainant s name by passing an interim order (1) CPC 474 N.C. Change of name - Change of meter in the name of the consumer was refused on a baseless objection raised by third person - Change of meter in the name of complainant allowed directing third person to seek civil remedy if necessary (1) CPC 543 Pb. Change of transformer Electricity Board changed transformer for the welfare of entire village Board committed no deficiency in service Petition dismissed (2) CPC 555 N.C. Checking report Electricity bill of Rs. 22,500/- issued on the basis of checking report not signed by the complainant Nor fact of refusing to sign the report was mentioned Bill in question set aside 2010(1) CPC 310 Pb. Chronic defaulter - Complainant denied any relief by Fora below as his electricity supply was disconnected due to frequent default in payment of bills In the absence of any cogent evidence Impugned order upheld (1) CPC 258 N.C. Chief Electrical Inspector - Imposition of penalty for misuse of electricity should be subject to final decision of the Chief Electrical Inspector (1) CPC 247 Pb. Chief Minister s convey - Supply was disconnected to enable the convey of Chief Minister pass along road smoothly - Department is bound to restore the connection after need is fulfilled (2) CPC 375 N.C. Cinema - Air conditioner not functioning in cinema hall due to paucity of electricity supply - Cinema owner not liable for deficiency in service (2) CPC 419 Chd. Clubbing of meter - Demand notice includes the amount of bill of another consumer Clubbing of meter was wrongly made on the request of the Electricity Department Demand of bill being illegal, quashed (2) CPC 568 Pb. Clubbing of two meters - Two connections of both buildings were clubbed together as per circular No. 4 against which no objection was filed Clubbing of two connection not illegal Issuance of bill justified (2) CPC 606 S.C. Clubbing of connection Complainant clubbed 5 connections in violation of Regulation Bill of Rs. 27,275/- was issued without affording any opportunity Department also acted in violation of Rules Bill not payable till clubbing of connection 2010(1) CPC 727 Pb. Coercion - Complainant committing theft of energy and paid the penalty with consumption charges voluntarily - The plea of payment under coercion cannot be as accepted (1) CPC 370 Hr. --Complainant deposited excessive bill under threat of disconnection - Cannot be debarred from filing a complaint (1) CPC 305 M.P. Cold storage - Delay of 10 months in giving electricity connection to cold storage of a loanee - Complainant held entitled to Rs. 12,000 as compensation and cost (2) CPC 76 Pb. Double quantity of potatoes stored in cold storage without getting extension of electricity - Department not liable for damage caused to potatoes (2) CPC 635 Pb. Potatoes kept in cold storage damaged due to short supply of electricity - Generation of electricity not within control of supplier - Deficiency not proved (1) CPC 34 N.C.

4 4 Stock damaged due to erratic supply of power - Violation of insurance provision by complainant - No deficiency in service established in the case (2) CPC 12 N.C. Supply of electricity was only for 10 to 12 hours as per policy of State Government - Potatoes stored in cold storage damaged as generator was not arranged by the complainant - Complainant cannot claim compensation from State Government (2) CPC 731 N.C. Commercial building - Non-service of food and drink in residential house converted into Guest House does not make building residential (1) CPC 321 Delhi --Lawyers office in cabin in court premises is a commercial premises for the purpose of electricity tariff (1) CPC 642 Pb. Commercial purpose - Complainant alleged to have been supplying drinking water to villagers from his tubewell - Supply of water for commercial use not established CPC 374 Hr. Complaint regarding higher charges for electricity consumed even for commercial purpose is maintainable under the Consumer Protection Act CPC 227 Delhi Hiring of service of Electricity Board well established - Board cannot escape its liability alleging that supply was given for commercial purpose (2) CPC 589 M.P. Saw Mill established for commercial purpose damaged in fire caused by short circuit - Complaint under Consumer Protection Act not sustainable (1) CPC 493 Bihar Services availed for commercial purpose - Complainant doing business of sale of electricals i.e. commercial purposes - Complaint not maintainable (1) CPC 491 M.P. Commercial tariff - Bill based on commercial tariff when consumption is for residence - Excess payment should be adjusted in future bills (2) CPC 387 M.P. Compensation - Amount of Rs. 5,000 claimed as compensation in complaint - Granting of amount of Rs. 10,000 is not proper (1) CPC 584 Guj. --A boy aged 11 years was electrocuted as transformer was not adequately protected OP directed to pay Rs. 10 lacs in lump sum as compensation (2) CPC 102 N.C. A sum of Rs. 10,000 awarded for not attending consumer s complaint by P.S.E.B. about defect in supply - Compensation being on higher side reduced to Rs. 2,000 only (2) CPC 564 Pb. Additional bill issued for alleged excess consumption load of 7 H.P. - No signature of consumer on report - Refund ordered with compensation (1) CPC 215 Guj. --Appellant suffered huge loss due to illegal disconnection of electricity which was not restored for 14 months Respondent directed to pay compensation of Rs. 8 lacs with 9% p.a. interest (2) CPC 96 N.C. Averment of Department about execution of any agreement for tubewell connection found to be doubtful - Ordered to give connection with compensation of Rs. 10, (2) CPC 503 A.P. Bill could not be paid as it was sent to old address despite information given to OP by complainant - OP liable for disconnecting the supply - Directed to pay compensation of Rs. 15, (1) CPC 301 N.C. Compensation based on insufficient evidence amounting to Rs. 1,20,000 for loss of crops - Case remanded for proper adjudication (2) CPC 462 Hr. Compensation cannot be determined on the basis of indirect cause of loss - Proceedings under C. P. Act not money spinning mill (1) CPC 624 Pb. --Compensation of Rs. 1 lacs for death caused by electrocution Order upheld (2) CPC 233 N.C. Compensation of Rs. 10,000 for mere dis-connection of supply for non payment of arrears is on higher side - Order of District Forum quashed - Sub Divisional Officer v. Prem Chand, 2000(1) CPC 372 Hr. --Complainant allowed sufficient amount of compensation for suffering from injuries due to electrocution for fault on the part of OP Amount of Rs. 60,000 in sufficient compensation Revision dismissed (2) CPC 602 N.C. Complainant suffered huge crop loss on account of non release of electric connection to his tubewell - Compensation raised from Rs. 10,000 to Rs. 50, (2) CPC 111 Pb. --Complainant s husband was attending his son who was under treatment- He died from electric shock when taking water from hospital water cooler OP directed to pay Rs. 4,90,000 for fault of medical negligence (1) CPC 277 N.C. --Connection for tubewell not released despite recommendation of higher authorities - Opposite Party/Petitioner directed to release connection within 15 days or pay Rs. 50, (1) CPC 4 N.C. Connection not released despite payment of requisite amount - Order of District Forum directing release of connection upheld with 12% interest and Rs. 12,000 as compensation/costs (1) CPC 428 N.C.

5 5 Connection was refused even after deposit of required fee - OP direct to pay Rs. 20,000 as compensation and to provide electric connection (1) CPC 235 N.C. --Consumer agencies cannot fix amount of Compensation on mere speculation (2) CPC 176 N.C. Crops destroyed in fire caused by sparking in Transformer - Assessment of loss Rs. 18,000 upheld (1) CPC 116 Pb. Crops failed on account of shortage of water as tubewell remained idle - Board directed to pay Rs per acre plus Rs as compensation (2) CPC 311 Pb. --Death by electrocution of grandson of tubewell owner Compensation of Rs. 3 lacs rightly allowed Deceased was a consumer under C. P. ACT Relief granted by the State Commission upheld (1) CPC 103 N.C. --Death of Buffaloe due to electrocution - Electricity Department directed to pay compensation of Rs. 25,000 with cost Rs. 5, (2) CPC 668 N.C. --Death of bullocks due to electrocution Compensation of Rs. 30,000 per bullock in one case and Rs. 28,000 per animal in another rightly awarded - Impugned order upheld (1) CPC 184 N.C. --Death of electrocution due to fall of live wire on deceased Compensation of Rs. 1,50,000 with cost Rs. 4,000 justified Vague contention raised by OP repelled (1) CPC 30 N.C. Delay in refund of refundable deposit by PSEB - Refund of deposit ordered with compensation of Rs and 18% interest (1) CPC 590 Pb. Delay of 15 months in giving electricity connection after completion of all formalities - Board directed to pay Rs. 7,000 as compensation and cost (1) CPC 171 Pb. Delay of 3/4 years in releasing electricity connection for tubewell - Loss caused to paddy crop - Board directed to pay compensation of Rs and cost Rs (1) CPC 237 Pb. Delay of four years in shifting electric connection from one tubewel to another - Electricity Board should pay compensation of Rs. 50,000 instead of Rs. 1,000 for deficient service (2) CPC 425 N.C. Electric connection of complainant s tubewell disconnected wrongfully causing huge loss to crops - Complainant held entitled to Rs as compensation and costs (2) CPC 327 Pb. --Electric wire was not properly insulated which caused death of deceased OP rightly awarded sum of Rs. 8,18,000 with Rs. 10,000 cost and 12% interest (2) CPC 291 N.C. Electricity bill raised on wrong recording of consumption - Supply disconnected due to non payment - O.P. directed to issue fresh bill with Rs. 5, (1) CPC 368 M.P. Electricity Board failed to give electric connection to applicant despite completion of all formalities - Board directed to give connection with compensation (2) CPC 414 S.C. Electricity board should take departmental action against official derelicting in his duty in release of electricity connection where Board had to Rs. 5,000 compensation (1) CPC 327 Pb. Electricity department failed to restore supply disconnected due to falling of one of poles - Directed to restore supply with interest and cost (2) CPC 571 U.P. Electricity disconnected for non payment of wrong bill - Board directed to pay Rs. 25,000 as compensation due to negligence (1) CPC 650 Guj. --Four minor daughters died in fire in house due to short circuit and defective meter Case of negligence proved from dying declaration of child OP directed to pay compensation of Rs. 10 lacs with Rs. 10,000 as cost 2011(2) CPC 624 N.C. Grant of compensation merely on guess work and conjuncture cannot be sustained (1) CPC 280 Hr. Illegal disconnection of tubewell - Board directed to restore it with Rs. 20,000 as compensation (1) CPC 150 Pb. In the absence of relevant evidence compensation should be determined by Fora on reasonable grounds (2) CPC 149 A.P. Issuance of a bill on the basis of old meter after 1 year of replacement is illegal - Electricity Board directed to pay Rs. 1 lac for dis-connection (1) CPC 21 N.C. --Lessor gave his land on lease for Rs. 1,20,000 for one year Previous electricity bill of Rs. 28,548 not paid by lessor Lessor directed to refund amount with 9% p.a. interest and compensation of Rs. 33, (1) CPC 681 N.C. Machinery allegedly burnt due to frequent fluctuations - Damage to machinery, being indirect cause cannot be compensated (1) CPC 187 Pb. Mill owner suffered huge loss for non release of extended load - Department directed to pay Rs. 10,000 p.m. till load is released (1) CPC 414 Pb.

6 6 Minor girl suffered permanent disability by electrocution due to fault of board - Board directed to pay Rs. 3 lakh as compensation with expenses and cost (2) CPC 239 A.P. --Non release of tube well connection for 14 years despite deposit of necessary amount - OP directed to release the connection and pay compensation and cost of Rs. 21, (2) CPC 82 Hr. Non relese of tubewell connection within 2 months of service of demand notice - Complainant spent Rs. 70,000 on tubewell installation - Release of connection with compensation of Rs. 24,215 ordered (1) CPC 530 Pb. --OP a service provider failed to maintain electric wire in proper way which had fallen on ground causing death of deceased Fora below rightly directed OP to pay compensation of Rs. 4,41,000 with cost (2) CPC 89 N.C. OP committed deficiency in service - Compensation of Rs not adequate which was raised to Rs (1) CPC 181 Pb. --OP failed to release electric connection for tubewell of complainant despite deposit of Rs. 7600/- OP directed to refund Rs. 7600/- with compensation of Rs. 25,000/- and 9% interest 2012(3) CPC 154 Pb. --OP failed to remove high tension electricity wire passing over allotted plot causing serious injury to complainant OP directed to pay compensation of Rs. 9,37,040 with medical expenses Rs. 3,37,040 and litigation cost (1) CPC 591 Chd. --OP failed to replace defective meter despite its payment Compensation awarded to the complainant by Consumer Forum justified Compensation of Rs. 65,000/- with cost of Rs. 5,000/- upheld 2012(3) CPC 160 N.C. Opposite Party unable to restore energy due to breakdown for 52 days causing huge loss to complainant s Unit - Directed to pay compensation of Rs. 4,71,500 with interest and cost (2) CPC 157 N.C. --Petitioner was wrongly deprive of electric connection for 6 years due to illegal disconnection Repudiation of electricity already restored Compensation of Rs. 2 lacs allowed in revision for illegal disconnection (3) CPC 188 N.C. Petitioner/OP imposed heavy penalty of Rs. 3,80,967 for theft of energy without prior notice and proper testing of meter - Penalty ordered to be refunded with interest and compensation with (1) CPC 391 N.C. Plantation of complainant got burnt due to hanging electric wire - Electricity department directed to pay a compensation of Rs. 9 lac (2) CPC 152 N.C. Quantum of loss suffered should be based on cogent evidence - Compensation should be determined on well established principles (2) CPC 533 N.C. State Commission holding Opposite Party liable for deficient service awarded higher compensation - Compensation reduced from Rs. 32,000 to Rs. 14,000 only (1) CPC 34 N.C. Supply disconnected without prior notice - Electricity Department held liable to pay Rs. 55,000 to the Complainant (2) CPC 79 N.C. Transformer installed six years after deposit of money - Loan obtained could not be used for want of electricity - Deficiency in service proved - Compensation and cost awarded (3) CPC 185 N.C. --Transformer remained unrectified for 11 days resulting in deficiency in service Compensation of Rs. 15,000 plus cost of Rs. 5,000 justified Compensation according to loss of crops declined 2010(1) CPC 224 N.C. Undue delay of 12 years in releasing connection for tubewell - Board directed to pay compensation of Rs. 50,000 and release the connection (1) CPC 253 Pb. Various equipments of complainant were damaged due to heavy fluctuation of line - OP directed to pay compensation of Rs.1,75,000 with 6% interest and cost (1) CPC 488 N.C. Compensation/cost - OP found guilty of deficiency in service and was directed to provide connection but without compensation Once deficient service is proved, OP is liable to pay compensation and cost also (2) CPC 351 W.B. --Petitioner issued wrong and heavy electricity bill for which Fora below directed petitioner to issue an amended bill and to pay Rs. 15,000/- compensation/cost Impugned order does not suffer from any error and hence upheld (1) CPC 107 N.C. Compensation/Interest - Consumer agencies can award interest on delayed refund of amount for the end of justice and equity (2) CPC 182 N.C. Complainant - Double quantity of potatoes stored in cold storage without getting extension of electricity - Department not liable for damaged caused to potatoes (2) CPC 635 Pb. --Supply of electricity to a person is a service and the person using it is a consumer under C.P. Act Complaint filed by such user is maintainable under C. P. Act (1) CPC 106 N.C. A recognized Consumer Association filed complaint without joining consumer as a party - Complaint not maintainable (1) CPC 587 Guj.

7 7 Charges paid by complainant about water and electricity including ground charges - Complaint is maintainable as complainant is a consumer (1) CPC 617 N.C. Complainant has no connection with the Firm in whose name electric connection was given - Complaint held not maintainable (1) CPC 288 Delhi Complaint Complaint filed by a person who was not actual owner of electric connection Mere assertion of being a beneficiary is not sufficient Complaint dismissed 2010(1) CPC 293 N.C. Complaint by son - Complaint can be filed by son of deceased father as a beneficiary of electricity supply (2) CPC 476 A.P. Complaint drafting - Complaint should be drafted in a precise and concise form with brief evidence and list of documents - Lengthy pleading to be deprecated and disapproved (2) CPC 169 Maha. Complicated matter - Complaint against supply of high-tension power damaging equipments - Order of Forum relegating parties to Civil Court unjustified (1) CPC 404 N.C. Complaint regarding non sanctioning of additional load - Complicated issues involved - Consumer jurisdiction barred (1) CPC 28 N.C. Complicated issues of huge amount and limitation involved in the complaint - Complaint not maintainable (1) CPC 370 N.C. Complicated issues relating to theft of electric energy by adopting malpractices involved - Consumer jurisdiction barred (1) CPC 570 Raj. Complicated questions of law and facts involved in complaint in which a huge sum of Rs. 44 crores was claimed - Consumer Jurisdiction is barred in such complicated matter (2) CPC 449 N.C. Electricity wire damaged by high velocity wind causing loss to flour mill - Matter being complicated cannot be decided under C.P. Act (2) CPC 373 U.P. Compounding of offence - Offence of theft of electricity was compounded after deposit of 70% of penalty amount As matter was settled as per rules and regulations Complaint on same subject is not maintainable (3) CPC 562 N.C. Computerized bill - Once parties agreed on preparation of manual bill Subsequent objection that bills should have been prepared through computerized system is not acceptable Impugned order upheld (3) CPC 119 N.C. Concurrent finding Goods and goats of complainant burnt in fire caused by wires of LT lines Relief granted by concurrent finding not open to challenge (1) CPC 642 N.C. Concurrent jurisdiction - Concurrent jurisdiction on the same matter cannot be availed - Civil suit pending - Consumer jurisdiction is ousted (2) CPC 645 Hr. Connection clubbing - Clubbing of 3 connections in one as per latest circular - Act of Department justified (2) CPC 639 Pb. Connection in tenants premises - Electricity connection in tenants premises cannot be given as it would be in contravention of Rules and Regulations of Electricity Board (2) CPC 151 N.C. Connivance - Complainant consuming electricity and getting the wrong bills prepared with connivance of the meter reader - Issuance of bill on actual consumption should be issued instead of average basis (1) CPC 366 Hr. Consumer Jurisdiction - Consumer Fora can decide case of electricity theft as a Civil Court - Jurisdiction not barred on the ground that such cases are of criminal nature (2) CPC 582 N.C. Constitutional duty - Electricity Board being a State within meaning of Articles 12 and 14 should discharge its statutory function properly in matter of electricity connections (2) CPC 414 S.C. Consumer - A person applying for electricity supply is a consumer as being potential user thereof (1) CPC 112 Delhi --A person in whose favour electric connection is duly sanctioned is a consumer under the Act CPC 268 Hr. --A person-depositing amount for supply of electricity is entitled to claim compensation as a consumer As supply of electricity is not equivalent to sale, Complaint is maintainable (2) CPC 426 S.C. Actual user of electric supply being a beneficiary is a consumer even if connection is not in his name - Sat Pal v. P.S.E.B., 2006(2) CPC 137 Pb. Complainant got sever burns from electric pole which was in bent condition - Complainant not receiving electricity from Board not a consumer - Relief denied (2) CPC 375 U.P.

8 8 --Complainant installed his Atta Chakki in residential house where theft of energy was committed Penalty imposed by the Electricity Department upheld Complainant is not a consumer and complaint is not maintainable 2011(2) CPC 419 N.C. Complainant, a non-consumer, injured due to flowing of electricity in wire - Complaint does not lie under C.P. Act (1) CPC 159 U.P. Complainant s husband electrocuted as electric wires fell in the pond of fishing - Complainant not a consumer under the Act (1) CPC 65 W.Bangal Complaint relating to commercial purpose - Complainant not a consumer (1) CPC 491 M.P. --Connection of electricity not in the name of complainant As complainant is not a consumer No relief can be granted to him under C.P. Act Complaint not maintainable 2012(3) CPC 58 N.C. Dispute regarding compulsory deposit amount by an employee of the Electricity Board - Dispute not a consumer dispute (1) CPC 106 N.C. Dispute relating to electricity bill payable by previous owner of house - Complaint by subsequent purchaser not maintainable under Consumer Protection Act (1) CPC 361 Chd. Electric connection given in the name of three partners to out of them left premises - Remaining partner is not a consumer in the absence of direct contract with department (2) CPC 448 Hr. Electricity - An applicant who has applied for electric connection is a consumer even if no consideration has been paid by him CPC 401 Hr. It cannot be always inferred that a son is beneficiary of electricity connection standing in the name of his father (1) CPC 81 Pb. It is settled law that an heir of deceased consumer, being a beneficiary, is a Consumer under the Act (1) CPC 74 Pb. Recepient of electric energy is manifestly a consumer CPC 648 Hr. Service - The person who availed service with approval of the person hiring a service is also a Consumer under the Act CPC 420 A.P. Son of deceased consumer of electricity becomes a consumer only after he executes a fresh agreement with the Board (2) CPC 246 Hr. Tubewell electricity not disconnected despite repeated request - Heirs entitled to get relief as Consumer (2) CPC 256 Uttaranchal Consumer/beneficiary - Electric connection given to tubewell in joint land of A and B - Land came in sole ownership of A - A being a beneficiary is a Consumer under the C.P. Act (1) CPC 150 Pb. --Complainant could not prove that he was beneficiary of connection which was in name of other person Complainant not a consumer Relief declined 2010(1) CPC 435 N.C. --After commencement of Electricity Act, 2003 case of theft of electricity is triable under the said Act as such dispute is not a consumer dispute (3) CPC 271 N.C. Consumer/complaint - If complainant has not pleaded unfair trade practice or unauthorized use of electricity, the matter will be decided under Electricity Act instead under C.P. Act as complainant is not a consumer nor the OP is a service provider (2) CPC 365 S.C. Consumer/server Supply of electricity to a person is a service and the person using it is a consumer under C.P. Act Complaint filed by such user is maintainable under C. P. Act (1) CPC 106 N.C. Consumption of electricity - Minimum charges must be paid by consumer under rule even if no electricity has been consumed (1) CPC 112 Pb. Contempt/penalty - Delay in reconnection of electricity as ordered due to administrative reasons - No case of contempt is made out (2) CPC 162 Maha. Continuing cause of action - Complaint cannot be dismissed as time barred where cause of action is continuing (1) CPC 14 U.P. Contract - There was no privity of contract between the parties - Disconnection of electricity illegal - Executive Engineer v. Kehar Singh, 1998(2) CPC 36 Hr. Contractual right - Refusal to reduce maximum load from 168 KVA to 100 KVA by Board in exercise of its right under a contract does not constitute deficiency in service (2) CPC 336 S.C. Contributory negligence - OP raised huge bill for about 10 years amounting to Rs. 1,00,223 ignoring request of complainant s request to issue bills Contributory negligence of both the parties Bills be issued on the basis of actual consumption with facilities of payment in 12 installments (2) CPC 29 N.C.

9 9 Conversion of tariff - It is settled law that conversion of domestic tariff to commercial tariff cannot be ordered without providing proper opportunity to the consumer (1) CPC 611 Hr. Rejection of conversion of tariff IX to tariff I due to non payment of development charges by complainant - Department held liable for deficiency in service (2) CPC 607 N.C. Co-sharer s bill - There is no warrant for recovering the electric dues of one consumer from another one on the basis of co-sharership (1) CPC 43 Hr. Cost of line - H.S.E.B. demanding Rs. 15,595 as costs for removal of high voltage line - Demand is illegal - Directed to remove the line without any costs (2) CPC 293 Hr. Cost of electric pole Department charged Rs. 31,000 for giving electric connection as cost of 11KV line and cost of pole No excess amount was charged by the petitioner Order of State Commission granting the relief quashed (2) CPC 242 N.C. --Board demanded cost of poles for giving agricultural connection - Relief granted to complainant (1) CPC 335 Raj. Court s power - A Court is empowered to decide a question even between respondent and co-respondent, to impart full justice under O. 41 R. 33 CPC (1) CPC 42 S.C. Cow s death - Complainant s cow was electrocuted and died - H.S.E.B. cannot be held liable as it is not a consumer dispute (1) CPC 237 N.C. Cow s electrocution - Death of cow caused by electric supply line at a distant place from house of complainant - Complainant not entitled to any relief (2) CPC 381 Hr. Criminal charge - Theft of electricity being a criminal charge, must be proved by cogent evidence (2) CPC 645 Hr. Criminal Proceedings - Consumer fora has no jurisdiction to interfere with criminal proceedings initiated u/s 153 & 154 of Electricity Act (2) CPC 491 N.C. Crop loss - Crops destroyed in fire caused by sparking in Transformer - Assessment of loss Rs. 18,000 upheld (1) CPC 116 Pb. --Electric supply for complainant s tubewell not restored for two weeks causing loss to crops - H.S.E.B. directed to pay Rs. 15,540 to complainant (1) CPC 140 Hr. --OP directed to pay loss of two crops suffered due to delay of 2 years in giving electricity connection Order upheld in appeal Interference in revision declined 2010(1) CPC 195 N.C. --Transformer remained unrectified for 11 days resulting in deficiency in service Compensation of Rs. 15,000 plus cost of Rs. 5,000 justified Compensation according to loss of crops declined 2010(1) CPC 224 N.C. --Complainant using load of against sanctioned load of 12.5 BHP for tube well Disconnection with penalty justified Compensation for loss of crops rightly allowed (2) CPC 347 Pb. Cross objections - Not maintainable under the Consumer Act as the provision of Civil Procedure Code are not applicable CPC 455 Hr. --Provisions of Order 41 Rule 22 C.P.C. about cross- objections are not applicable to provisions of C.P. Act (2) CPC 523 N.C. There is no provision under Consumer Protection Act for filing cross objection in appeal (2) CPC 564 Pb. Damage by Crow - Complainant s T.V. and V.C.R. allegedly damaged due to fluctuation in voltage which was caused by falling crow - Relief declined (2) CPC 344 Kar. Damage by Tension Wire - Department while laying high tension wire takes detailed security measures - Damage by fall of tension wire to complainant s house, does not constitute a deficiency in service (1) CPC 532 U.P. Damage by wires of LT lines Goods and goats of complainant burnt in fire caused by wires of LT lines Relief granted by concurrent finding not open to challenge (1) CPC 642 N.C. Damage in fire - Complainant failed to prove that fire caused damage to goods lying in shop as a result of negligence on part of employees of PSEB District Forum rightly dismissed complaint of complainant 2010(1) CPC 139 Pb. Date of connection Date of electric connection not on record in case of electricity misuse Consumption for a maximum period of 6 months only can be taken into consideration for issuance of enhanced bill (2) CPC 397 Pb.

10 10 Death by cause by living wire - OP a service provider failed to maintain electric wire in proper way which had fallen on ground causing death of deceased Fora below rightly directed OP to pay compensation of Rs. 4,41,000/- with cost (2) CPC 89 N.C. Death by Electrocution - Electricity Board found negligent in maintaining electric wire causing death of complainant - Award of Rs. 1,75,000 with 12% interest justified (2) CPC 298 N.C. --Death by electrocution of grandson of tubewell owner Compensation of Rs. 3 lacs rightly allowed Deceased was a consumer under C. P. ACT Relief granted by the State Commission upheld (1) CPC 103 N.C. Death of bullocks Death of bullocks due to electrocution Compensation of Rs. 30,000 per bullock in one case and Rs. 28,000 per animal in another rightly awarded - Impugned order upheld (1) CPC 184 N.C. Death of minors Four minor daughters died in fire in house due to short circuit and defective meter Case of negligence proved from dying declaration of child OP directed to pay compensation of Rs. 10 lacs with Rs. 10,000 as cost 2011(2) CPC 624 N.C. Default Father and son are Bhumidar in different field numbers Son cannot be denied connection on the ground that his father is a defaulter regarding previous bills (3) CPC 546 Chattisgarh Default by Husband - Electric connection of wife cannot be disconnected for arrears of her husband s bill (1) CPC 357 Hr. Defect-free meter - Inflated bill issued but on inspection meter was found defect free - Order of Fora below granting relief to complainant upheld (1) CPC 49 N.C. Defective Check meter - Demand raised and Recovery Certificate issued on basis of defective check meter - Demand unjustified - Restoration of electricity with compensation ordered (1) CPC 637 N.C. Defective meter - Huge bill issued on basis of average of consumption as meter was showing less energy - Meter was sealed in absence of complainant - Bill quashed (1) CPC 181 Pb. Matter can be referred to Chief Electrical inspector for adjudication but not when meter is found burnt (1) CPC 292 Pb. Defective Wires - Complainant s five buffaloes died due to defective wires - Deptt. held liable for gross negligence - E.E. H.S.E.B. Rewari. v. Surat Singh, 1995(2) CPC 426 Hr. Deficiency in Service - Connection for Toka Machine recommended by Asstt. Engineer but not released by other officer - Act of OP amounts to a deficiency in service (2) CPC 484 Pb. Connection for tubewell not released despite recommendation of higher authorities - Opposite Party/Petitioner directed to release connection within 15 days or pay Rs. 50, (1) CPC 4 N.C. Consumption of electricity shown zero - Electricity disconnected in 1993, bill issued in No proof of restoration - Bill ordered to be cancelled (1) CPC 493 M.P. Non release of tubewell connection on false pretext - Violation of Departmental rules - O.P. liable for deficient service (1) CPC 273 Pb. --Electricity Board changed transformer for the welfare of entire village Board committed no deficiency in service Petition dismissed (2) CPC 555 N.C. Death of complainant s husband due to falling of high tension wire on house - OP directed to pay compensation of Rs. 2 lacs (3) CPC 55 N.C. Electricity bill based on consumption of electricity, howsoever belated, cannot be termed as deficiency in service (2) CPC 459 Hr. Electricity Department charged bill of Rs. 323 in excess - O.P. directed to adjust the amount and pay compensation of Rs. 1,000 for deficient service (2) CPC 282 Chd. Estimate for shifting of pole revised from 7,075 to 48,000 on estimates given by qualified engineer - Mere non mention of word tentative in first estimate does not constitute a deficiency in service (1) CPC 495 N.C. Hiring of service for consideration of Electricity Board well established - Board cannot escape its liability alleging that supply was given for commercial purpose (2) CPC 589 M.P. Refusal to reduce maximum load from 168 KVA to 100 KVA by Board in exercise of its right under a contract does not constitute deficiency in service (2) CPC 336 S.C. --Meter removed without notice New meter installation delayed for 4 months despite payment of reconnection charges OP liable for deficient service (1) CPC 246 N.C.

11 11 Delay - Condonation - Delay of 104 days in filing appeal without just cause - Appeal dismissed as time barred (1) CPC 642 Pb. Delay of 31 days in filing of appeal - Delay due to official process in dealing with file is no reason for condoning the delay (1) CPC 448 Pb. Delay caused due to time spent in seeking legal opinion - Not sufficient reason for condonation of delay (2) CPC 102 Pb. Raising demand of electricity bill after 6 years of cause of action is not legally justified (1) CPC 327 N.C. Delay in disconnection - Complainant informed OP regarding sparking by electricity who delayed disconnection causing huge loss to complaint s house due to fire O.P. was rightly held liable to pay compensation by Fora below (3) CPC 39 N.C. Delay in release of connection - Delay of 8 years in releasing the connection and compelling the complainant to deposit Rs. 30,000 without reason constitutes a deficiency in service on part of appellant/op (1) CPC 550 Hr. Demand Notice - Objection regarding seniority for electric connection after demand notice, cannot be raised (2) CPC 311 Pb. Demand notice based upon Report of M.E. Lab signed by unauthorised person not legally sustainable (2) CPC 580 Pb. --Meter checked in presence of complainant s brother Body of meter found tampered with Theft of electricity proved Demand notice of Rs. 2,35,131 upheld Relief declined 2010(1) CPC 188 Pb. Demand of bill - Connection of tubewell shifted in Demand for excess of bill raised in 1997 without reason - Demand quashed (1) CPC 474 Raj. Departmental Circular - Clubbing of 3 connections in one as per latest circular - Act of Department justified (2) CPC 639 Pb. Departmental Instructions - Amendment of Departmental instructions cannot be applied with retrospective effect (1) CPC 83 Hr. Electricity Department not releasing connection within 2 months after deposits - Held, guilty of violating the Departmental Instructions (1) CPC 68 Pb. No adverse action should be taken against any person in violations of the instructions of the Electricity Department CPC 273 Hr. Deposit before appeal - Appeal without deposit of requisite amount under section 15 of CP Act is not maintainable (2) CPC 85 Hr. --Appellant failed to deposit 50% of decreed amount or Rs. 25,000 whichever is less - Appeal dismissed for non compliance of a mandatory provision of law (2) CPC 362 Hr. Different ownership - Father and son are Bhumidar in different field numbers Son cannot be denied connection on the ground that his father is a defaulter regarding previous bills (3) CPC 546 Chattisgarh Directions - Directions to release electric connection cannot be issued under Section 14 after the Amendment Ordinance, CPC 789 N.C. District Forum issued direction to Electricity Board for not filing FIR about theft of energy against complainant - Order not supported by law (1) CPC 482 Hr. Electric connection - Complainant failed to prove that electricity bill was incorrect - Direction cannot be given under Section 14 of the Act for restoration of connection CPC 207 N.C. Electricity disconnected for non payment of bills but in contravention of official directions - Complainant allowed relief (1) CPC 287 Delhi Unnecessary directions in addition to withdrawal of bill not warranted (2) CPC 574 Chd. Disconnection of Electricity - Electricity connection given to complainant and extended from time to time - Supply cannot be disconnected nor misuse charges can be levied on the ground that supply was for unauthorised colony (2) CPC 288 Delhi Disconnection of electric supply without 7 days notice is illegal (2) CPC 149 A.P. Disconnection of electricity without prior notice is illegal (1) CPC 107 Pb. Disconnection of electricity within 7 days of the issue of bill - Board is liable for deficient service (2) CPC 568 N.C.

12 12 Pb. Disconnection of Supply - Disconnection of electric supply without prior notice is illegal (1) CPC 69 Disconnection without Notice - Disconnection and demand of penalty from consumer, without prior notice amounts to deficiency in service (2) CPC 188 Pb. Discrepancy - Discrepancy in inspection report and written statement - Report cannot be relied on (2) CPC 79 N.C. Dismissal in Default - Reason for restoration was given as noting of wrong date of posting - Advocate s affidavit not filed - Restoration application disallowed (1) CPC 131 Ker. It is unusual practice to dismiss a case even before lunch time (2) CPC 250 Hr. Disrespect - Objectionable treatment - Respondent showing disrespect to petitioner s counsel - Respondent action is highly objectionable CPC 328 N.C. Domestic connection - Delay in shifting electricity connection for residence should not exceed 3 months (1) CPC 319 Pb. Domestic/commercial bills - Respondent merged domestic bill with commercial bill of complainant Merger of two bills is illegal, null and void Respondent directed to compensate petitioner for illegal acts (3) CPC 199 N.C. Domestic/commercial tariff Complainant running his clinic in a residential building He is bound to pay electricity bill fixed for commercial purpose Plea that it was only an advisory business in residential house is not acceptable (1) CPC 414 N.C. Dues of Previous Owner - Order of District Forum to release electric connection within one month, though bill by previous was due - Order though innocuous type but still it was upheld (1) CPC 241 Pb. Dues towards Tenant - A landlord cannot be held liable for non payment of electricity charges due to his tenant (2) CPC 431 Delhi H.C. Duty of public authority - Public authority cannot be permitted to harass a common man by mis-using its statutory power (1) CPC 372 N.C. Electric shock causing death - Complainant s husband was attending his son who was under treatment- He died from electric shock when taking water from hospital water cooler OP directed to pay Rs. 4,90,000 for fault of medical negligence (1) CPC 277 N.C. Electric Shot - Deceased electrocuted due to his own fault while handling cooler - Department cannot be held liable for negligence (1) CPC 42 Chd. Complainant s son suffered electric shock while he was attempting to fix cable wire - Deficiency in service proved - Cable Operator and Electric Co. held liable to pay Rs. 2 lakh as compensation (1) CPC 116 Kar. Electricity - 20% enhancement in bill without any prior notice - Complaint allowed refund with 18% interest and cost Rs (1) CPC 23 Pb. --Cloths lying in complainant s shop burnt due to fire caused by short circuit It was due to negligence of OP Relief granted by the State Commission upheld (2) CPC 17 N.C. --Complainant denied any relief by Fora below as his electricity supply was disconnected due to frequent default in payment of bills In the absence of any cogent evidence Impugned order upheld (1) CPC 258 N.C. --Petitioner issued wrong and heavy electricity bill for which Fora below directed petitioner to issue an amended bill and to pay Rs. 15,000/- compensation/cost Impugned order does not suffer from any error and hence upheld (1) CPC 107 N.C. --Unauthorized use of electricity Penalty and compounding fee levied Complaint not maintainable under C.P. Act in view of 2013 (2) CPC 365 S.C (2) CPC 553 N.C. --A case of theft of energy being in nature of criminal charge has to be proved by convincing evidence Relief granted by the State Commission upheld (3) CPC 293 N.C. A consumer is bound to pay the bill upto the period as stipulated in the agreement (1) CPC 657 A.P. A consumer of electricity is bound by terms of agreement regarding minimum consumption of electricity CPC 46 Hr. A false report of electricity theft imposing Rs. 75,000 penalty on complainant was prepared without any signature of consumer - Penalty and disconnection is unjustified 1994(2) CPC 475 Hr. A holders of Power of Attorney from B for purchase of house of B - A is liable for arrears of electricity charges due to B (1) CPC 38 Delhi