An
Electricity provider can be held liable under
the act for deficiency of service and unfair
trade practice. Any person who uses and pays
for electricity supplied from state electricity
boards becomes a consumer under the Consumer
Protection Act. In other words, you have to
hire the services of the Electricity Board in
order to be regarded as a consumer.
If
there is any disconnection of electricity for
non-payment of a bill that is disputed by a
consumer then it may amount to a deficiency
of service. The NCDRC has held that the Electricity
boards have a statutory duty to take electricity
meter readings every six months and failing
which that they cannot then issue a bill for
any excess consumption for a time period of
over six months. No electricity bill can be
sent to you without taking a meter reading first.
Any wrongful charging of late fees will be regarded
as a deficiency in service. No electricity bill
can be set to you for arrears of payment without
providing details of the period to which it
pertains.
Also,
if the Electricity board decides to disconnect
your supply without notice as a penalty, then
it may be regarded as a deficiency in service.
Electricity disconnection without any valid
ground also amounts to a deficiency in service.
However there will be no question of a deficiency
of service if disconnection occurs with respect
to a connection to which you were not entitled
or to one that was illegal in the first place.
Where
it is the obligation of the Electricity Board
to maintain the meters, the onus is on them
to maintain it correctly and in working condition.
It is their responsibility to install the right
type of meters and in case of any fault they
shall replace it with a correct working meter.
However if there is any tampering of the meter
by a consumer then the Electricity Board has
the power to take all necessary action in such
cases. The NCDRC has also held that a delay
in providing an electricity connection for a
year constituted a deficiency in service.
Consumers
also need to be aware of the Electricity Act
2003 which consolidates all the laws relating
to generation, transmission, distribution, trading
and use of electricity in the country. The act
is proactive in promoting competition, protecting
interest of consumers and supply of electricity
to all areas. The act also calls rationalisation
of the electricity tariff, ensuring transparent
policies regarding subsidies, promotion of efficient
and environmentally friendly policies and has
also helped redressal in electricity related
matters by setting up the Central Electricity
Authority, Regulatory Commissions and establishment
of an Appellate Tribunal.
It
is important for you to keep a regular check
of your electricity meter at all times. Keep
records of all previous electricity bills. Do
not discard them. They will be useful in case
of any dispute with Electricity Board and will
provide proof of payment if required.
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