Thursday 10 April 2014

Electric connection disconnected with out following due process of law-MSEDCL is liable to compensation


National Consumer Disputes Redressal Commission (NCDRC):
While allowing the petition of a consumer, electricity supply of whose house was disrupted by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) without issuance of prior notice, NCDRC come down heavily upon MSEDCL for arbitrary and illegal procedure adopted by it for disconnection of power supply. The court was hearing a revision petition filed by consumer representative on the Maharashtra Electricity Regulatory Commission (MERC), power supply of whose house was disconnected even after payment of the bill and without following the procedure contemplated by the Indian Electricity Act, 2003. The petitioner has alleged that he had paid his electricity bill one day

before the last date of payment but as the payment was done by cheque, the amount was debited to the bank account on second day and MSEDCL restored to illegal practice of disconnecting power supply without issuing notice under section 56 (1) of the Indian Electricity Act. 2003. The petitioner also alleged that though the power supply was restored after six days but the loss of reputation in the society is irreparable and can hardly be compensated by any means. The petitioner approached Consumer Forum alleging deficiency in service on the part of MSEDCL and Forum allowed his complaint granting Rs. 1000 as compensation and Rs. 1000 as costs but the appeal for enhancement of compensation was dismissed by State Commission with the observation that the matter ought to have ended with the apology from MSEDCL. Taking strict view of the illegal and corrupt practices prevailing in electricity disconnection matters, NCDRC held, “Precipitate action for disconnection of power supply, without any evidence of prior verification of payment of the bill, was a serious lapse on the part of the respondents. It was compounded further by the fact that even procedurally the action was in flagrant violation of the requirement of Sections 56 and 117 of the Electricity Act, 2003”. NCDRC also said that common man has to face harassment due to the prevailing practice and enhanced the compensation to Rs. 5000 and costs to Rs. 2000. (Avinash v. Maharashtra State Electricity Distribution Company Ltd., Revision Petition No. 3850 of 2008, decided on March 25, 2014)
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