Compensate for faulty meter: HC tells BSES
It is not the consumers alone, who are struggling with faulty meters or bills even Delhi HC too, finds the rules laid down by DERC as confusing and contradictory, reports Naziya Alvi.delhi Updated: May 11, 2008 03:12 IST
It is not the consumers alone, who are struggling with the rules of Delhi Electricity Regulatory Commission (DERC) on faulty meters or bills.
Delhi High Court too, has found the “rules” laid down by DERC as “confusing” and “contradictory”.
“The regulations of DERC are not self-evident and clear, but somewhat confusing and at the first blush overlapping and contradictory”, Justice Sanjiv Khanna said while disposing of a writ petition filed by one Vinod Kumar Jain, a resident of Mehrauli against BSES Rajdhani.
The court found the language used by the DERC to explain the rules and regulations to be ‘ambiguous’ and ‘uncertain’.
The court futher highligted the fact that Regulation 20 (1) (c) does not in fact levy any penalty on the distcom in case meters are defective or records excessive consumption.
“It can hardly be regarded a penal provision against any wrong calibration resulting in meters and ensures that the same are within prescribed limits. It is for the regulators and authorities to examine this aspect and take corrective steps, if required”, the juctice added.
Jain in his petition had alleged that after the installation of the electronic meter in his premises in February 2003, he started receiving exorbitant bills.
Instead of rectifying the defect, the petition said that in August 2004, the distcom issued a disconnection notice to him, which prompted him to approach the court.
The court has now disposed off the petition directing the distcom to adjust the earlier overpaid bills with the fresh bills and in case the petitioner is entitled to any refund, the same shall be made to him within three weeks.