TMI Blog2006 (2) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... onsumer in respect of electricity connection bearing K. No. 2540F320018 installed in the aforesaid premises 134, 1st Floor, Sunder Nagar, New Delhi, with the sanctioned load of 15 kw. 6. It is alleged in paragraph 3 of the writ petition that on 26.4.2003 the agents of the respondent had replaced the existing electro-mechanical meter and had installed a new electronic meter. The copy of the meter report is Annexure P1 to the writ petition. 7. It is alleged in paragraph 4 of the writ petition that the meter installed in the premises of the petitioner was intact and in good order and was recording the consumption as per Rule 57 of the Electricity Supply Rules, 1956 and there was no error in the same. 8. It is alleged that soon after the installation of the new meter, the petitioner had started receiving inflated reading and bills. The petitioner made a representation on 31.8.2004 against it stating therein that the electronic meter installed in the premises was not recording the correct consumption and he had been excessively charged. He received a reply to the said representation on 25.9.2004 asking him to deposit the meter testing charges vide Annexure P2 to the writ petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng measures conducive to the development and management of the electricity industry in an efficient, commercial, economic and competitive manner in Delhi. 14. After the enactment of the DERA, the Government of NCT of Delhi notified the Delhi Electricity Reforms Transfer Scheme Rules, 2001. In terms of Sections 14, 15(1) and 15(2) of DERA read with Rules 3 and 4 of the Transfer Scheme, the Government created various successor companies of the erstwhile Delhi Vidyut Board. Delhi Vidyut Board was divided into seven companies, one Holding Company, two Generation companies and one Transmission Company and three Distribution companies. Consequently, three private distribution companies (DISCOMS) were formed, including the respondent, BSES Rajdhani Power Ltd. (BRPL). 15. The Electricity Act, 2003 came into effect from 10.6.2003 Under the provisions of this Act, the State Electricity Regulatory Commission grants licences for distribution of electricity. It is the duty of the licensee to develop and maintain efficient, coordinate and economical distribution system in his area of supply and to supply electricity in accordance with the provisions of the Act. Under Section 57(i) of the E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ani Power Ltd. that the rampant financial crisis and commercial indiscipline in the sector led to the enactment of the Electricity Act, 2003 in the wake of (a) a bail out package costing the public exchequer over ₹ 45,000/- crores of securitisation of past dues owed by various SEBs and utilities to Central Public Sector Undertakings, and (b) an admitted annual loss levels exceeding ₹ 25,000/- crores. The fundamental objectives and elements of the Electricity Act, 2003 have been set out in paragraphs 2 and 3 of the counter affidavit. 19. Section 55 of the Electricity Act mandates that a licensee shall not supply electricity after June, 2005 except by use of correct meters . The purpose of installing an electronic meter is to ensure that the licensee is able to record accurately the energy consumed by all consumers. After all, the licensee is only distributing electricity that it purchases in bulk, and the consumers must pay for what they are actually consuming. If the licensees are prevented from replacing old/inaccurate meters, the same will perpetuate disparity and inequality inter se between consumers having accurate/electronic meters and those having old/inaccura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at he actually consumes. The DERC order on Annual Revenue Requirement for the financial year 2003-2004 stipulated that, where the sanctioned load exceeds 10 K W, the licensee should instal electronic meters in their place in a time-bound manner. It is keeping these fundamental considerations in mind that BRPL commenced installation of electronic meters, and in doing so, it only gave effect to the directions of the DERC. 23. On the facts of the case we find no merit in this appeal, nor in the writ petition. It is well known that scientific and technological advancements are taking place all over the world in every sector including the electricity sector. Hence legal proceedings cannot and should not stop this march of technology. The law must respond to the technological advancements and must develop in consonance with technology. All industrial consumers with sanction load above 10 kw, have been provided with electronic meters and it is alleged that no complaint has been received regarding the same. The electronic meters have been designed with inbuilt anti-tamper features, whereas such features are not available in electro-mechanical meters. Further, the obligation for accurate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 42(5) and thereafter the ombudsman under Section 42(6) of the Indian Electricity Act, 2003, which have been set up. In Ram Kishan v. NDPL, LPA 746/2004, decided on 30.11.2005 a Division Bench of this Court has held that if a consumer of electricity has any grievance against his bill he has an alternative remedy to approach the Forum constituted under Section 42(5), and if he has a grievance against the order of the Forum he has a second alternative remedy under Section 42(6) to approach the ombudsman. It was held in that decision that both these authorities have powers to pass interim orders pending their final decisions. Both these authorities have been constituted, and hence a writ petition should not ordinarily be entertained. Straightaway, regarding grievances about electricity bills. 29. To help the consumers certain information is given in each bill as stated paragraph 17 of the counter affidavit. In paragraph 18 it is stated that billing software of the Discoms is thoroughly checked, as there are internal checks and balances. Various initiatives have been undertaken to streamline consumer billing system as stated therein. 30. Additionally, to bring about further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s Advocate wanted the same test to be done by another CPRI team using a different instrument. The respondents agreed to him and have been trying to get in touch with the petitioner with a view to finalise the date for the test. A letter was addressed to the petitioner in this regard but the response of the petitioner is still awaited. 34. Subsequently, an affidavit was filed by one Shri Rakesh Aggarwal, Member of the Executive Committee of the respondent No. 1. At the relevant time, he was serving as Chief Executive Officer of BSES. He has stated in paragraph 4 of his affidavit that he has read the affidavit of the Chief Executive Officer and affirmed that they are correct. 35. The argument of the learned Counsel for the appellant is that there was no power in the respondent No. 1 to change the electro-mechanical meter to electronic meter. We do not agree with this submission. 36. In this connection, we may refer Section 26(1) of the Indian Electricity Act, 1910, where it is stated that- in the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had entered in the territory of India in 1992. 44. Paragraph 9 of the APDRP states that it is switching over to the electronic meter. 45. Apart from the above, Regulations 17(i) and 17(ii) of the Delhi Electricity Regulatory Commission (Performance Standards-Metering and Billing) Regulations, 2002 permits installation of an accurate meter. Regulation 17(ii) states as under: (ii) In case of new connection/replacement of meter, the consumer, in accordance with Section 26 of the Electricity Act, may himself procure the meter either from the vendors certified by the licensee, or conforming to licensee's technical specifications. The licensee shall calibrate such meter at consumer's cost and seal the meter. Alternatively, consumer may choose to pay the full cost of the meter provided by the licensee. No meter rent shall be chargeable in such cases. 46. Thus, under Regulation 17(ii), the meter must be of the licensee's specification, and not the consumer's specification. 47. The learned Single Judge has referred to the judgment in Peenya Industries Association v. Karnataka State Electricity, AIR 1998 Karnataka 369, which has rejected the contention of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner has, admittedly, load of 15 kw. (d) The power of BRPL to determine specification and type of meter to be installed arises out of Section 21 of the Indian Electricity Act, 1948 and Section 63 of the DERA. (e) This power also arises out of DESU/DVB Conditions of Supply, which continue to hold field in terms of Sections 63(2) and 63(3) of the DERA, 2000 and Sections 185(2)(a) and (5) of the Electricity Act, 2003, read with Licence Condition 23.1, and Condition 22(b) vests the power in the licensee to determine meter-specifications. Condition 23 casts an obligation on the consumer to adhere to the specifications and to keep the meter correct. 51. It may be mentioned that the binding and statutory nature of the Conditions of Supply has been upheld by the Supreme Court in Punjab State Electricity v. Bassi Cold Storage, 1994 Supp (2) SCC 125, Bihar State Electricity Board v. Parmeshwar, (1996) 4 SCC 686 (vide paragraph 16) and Hyderabad Vanaspati Ltd. v. A.P State Electricity Board, (1998) 4 SCC 470 : AIR 1998 SC 1715 (paragraph 22), etc. 52. The continued operation of the Conditions has also been upheld by this Court in several decisions such as, Gulab Rai v. MCD, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed judgment described in detail the various features showing the superiority of the electronic meters, which are as follows: S.No Item Electronic Meters Conventional Electromechanical meters 1. Life Sustainable accuracy life-over 10.15 years Limited life 2. Accuracy Class 0.5 Class-2 3. Calibration One time factory calibrated Requires calibration in SEB's Labs 4. Current range Long Range: 400% to 800% of basic Current Limited Range 400% generally 5. Voltage Range (-) 40% to (+) 150% 75% to 110% of rated voltage 6. Wear tear No wear tear, solid state technology Wear tear, meter becomes slow with time 7. Hanging of meter Measures accurately in any weather even when placed flat Accuracy is affected with change in angle of repose 8. Stability Highly stable no drift over a long time Drifts with time 9. Shock vibration Being solid state technology immune to shock and vibration Affected by vibrations 10. Protection Fully protected in case of wrong connection Gets damaged with wrong connections 11. Tampered Measures accurately in various tampered conditions-Reverse Tamper-Earth tamper-Immune to DC influenced disturbed phase sequence Meters either do not record in tamper condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t meter. The Delhi Electricity Reforms Act, 2000 as well as the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 continue to be in force except where the same are inconsistent with the provisions of the Electricity Act, 2003. In our opinion, there is no inconsistency. 62. The submission of the learned Counsel for the appellant that there is a legal vacuum on account of non-framing of Regulations under Sections 53 and 55 of the Indian Electricity Act, 2003, has no merits. In our opinion, framing of Regulations under Sections 53 and 55 is not a condition precedent to a Discom's function and power to determine what is a correct meter and of changing meters. No doubt, once regulations have been framed the BRPL has to comply with the same. The BRPL entered into the shoes of the erstwhile DVB in pursuance to a statutory scheme promulgated under the provisions of DERA. BRPL as such had all the power with regard to the metering specifications, power to replace meters, etc. In addition, BRPL has the power to instal correct meter under Sections 20, 21, 22-24 and 26 of the Indian Electricity Act, 1910, Sections 14 to 16, 60 and 63 of DERA, Rule 10(2) of the Transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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