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Judgment
Jagmohan Bansal, J
The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 24.04.2025 passed by Corporate Forum for Redressal of Consumer Grievances (for short ‘Corporate Forum’).
Petitioner No.1 is a licensed electricity distributor and Nos.2 to 5 are its officers. Respondents Nos.2 and 3 are consumers of the petitioner No.1. Their electricity connections are connected through independent feeder namely ‘Aggarwal Fabric Independent Feeder’. The petitioner issued notice dated 22.11.2024 to respondents raising demand of ₹54,92,165/-alleging short assessment on account of transmission loss found on account of difference in reading at consumer and sub-station end. The notice was based upon audit conducted by petitioner. The respondents pleaded that reading should be taken from the meter installed in the yard. The petitioners reviewed and re-calculated charges pointed out by audit party. The liability was reduced to ₹2,49,862/-. The transmission loss was found 26-27% but finally concluded at 0.764%. Regulation 4.8.2 of Haryana Electricity Regulatory Commission (Duty to supply electricity on request, Power to recovery expenditure incurred in providing supply and Power to require security) Regulations, 2016 (for short ‘2016 Regulations’) provides for supply through independent feeder.
The respondents preferred a complaint before Corporate Forum praying refund of undue amount charged in the bill for month of January’ 2025 and direction to petitioners herein to charge as per reading of the meter placed at the yard. The petitioners filed reply to the aforesaid complaint.
The Corporate Forum vide order dated 24.04.2025 has allowed respondents’ complaint and held that licensee/distributor has not followed statutory procedure and complainant/consumer was not made aware of the fact about the recording of reading parameters even on a single occasion. The petitioner was directed to refund the amount charged in the bill of January’ 2025 on account of transmission losses for the period from April’ 2024 to August’ 2024. The petitioners were further directed to follow instructions of Electricity Supply Code, 2020 (Regulation 4.8.2).
Learned counsel for the petitioners submits that grievance of the petitioners is confined to findings of forum to the effect that transmission loss would be counted on the basis of meter reading of yard whereas Regulation 4.8.2 of 2016 Regulations provides that loss would be counted from sub-station meter to consumer meter. Now, there is no need of physical presence of parties because everything is monitored through internet. All the stakeholders can look at the reading while sitting at their offices.
Mr. Akshay Gupta, Advocate appeared and filed his Memorandum of Appearance on behalf of respondent Nos.2 and 3. The same is taken on record. Registry is directed to tag the same at an appropriate place.
Learned counsel for respondent Nos.2 and 3 submits that Chief Engineer (Commercial) DHBVN, Hisar vide letter dated 20.06.2024 has clarified that billing of independent feeders is required to be done as per consumption recorded at sub-station yard meter. While issuing said letter, the Chief Engineer has noticed Regulation 4.8.2 of 2016 Regulations as amended. He further submits that yard meter is installed outside the sub-station. VCB meter installed at sub-station does not carry any meter reading whereas yard meter installed at sub-station carries reading. The physical presence of consumer is required where internet facility cannot be effectively utilized.
Heard the arguments and perused the record.
From the arguments of both sides and perusal of record, it is evident that dispute is primarily confined to manner of calculation of transmission loss. The petitioner is claiming that loss should be calculated from sub-station meter to consumer meter whereas respondent is claiming that loss should be calculated from yard meter to consumer meter. There is further dispute with respect to presence of consumer at the time of meter reading. The petitioner is claiming that in view of internet facility, presence of consumers is dispensable. As per respondent, if internet facility is not effective, consumers must be informed before recording meter reading.
The Corporate Forum has relied upon Regulation 4.8.2 of 2016 Regulations as amended. The said regulation for ready reference is reproduced as below:
“4.8.2 Supply through independent feeder.
(i) In case the applicant requests for supply of electricity through an independent feeder and the same is technically feasible as per Regulation 3.11, the charges of controlling equipment including Circuit Breaker, Bay (if to be erected), CTs & PTs, Isolators, Line and Earth switch, Meter required at the feeding sub-station, Electric Line up to the consumer end and the meter at consumer end shall be borne by the applicant.
(ii) Such consumer, who on his own, requests for supply of electricity through an independent feeder, will be billed as per the meter reading taken jointly by consumer and the licensee, of the meter placed at the sub-station from where the independent feeder is emanating. The licensee will inform the consumer through phone/SMS to be present for joint reading of meter. In case the consumer fails to be present, it will be treated as deemed to be present for meter reading. The installation of metering arrangements at the consumer-end would be optional and would be in addition to the meter at the sub-station. However, for billing purposes only the sub-station meter reading shall be used.
(iii) If more than one applicant/consumer(s) are required to be fed from the existing independent feeder due to right of way or other similar problems, the utility shall connect such consumer(s) to an existing independent feeder provided they are of the same category i.e. HT Industrial, HT Non Domestic Supply/Bulk Supply consumers. In such cases metering arrangement at the consumer end would be mandatory.
The billing of such consumers shall be done as per Regulation 4.8.2 (ii) on the basis of the joint meter reading of the meter placed at the sub-station from where the independent feeder is emanating, in proportion of the consumption recorded by the meters installed at their premises and read jointly by the licensee and the respective consumer.
The metering arrangement at both ends (sub-station as well as the consumer end) would be of the same specifications and accuracy class conforming to CEA metering Regulations.
(iv) The Regulation 4.8.2 (iii) will be applicable as long as the number of consumers connected on an independent feeder are restricted to five only with ceiling of 250 ampere load current on 11kv feeder.
Where more than five consumers are connected on an independent feeder, that feeder shall be considered as general feeder and the billing to the consumers shall be done based on the consumption recorded by the meters installed at the consumers premises.
The differential cost i.e. the cost of the feeder incurred by the original consumers on the independent feeder minus service connection charges levyable from them shall be adjusted in the future bills of the original consumer(s). However, in case the service connection charges calculated as per the prevailing rates are more, then no additional cost would be charged.
The additional consumer required to be connected on such general feeder, shall deposit the service connection charges as per these Regulations.
(v) As long as the status of the feeder remains independent, the meters installed at the sub-station and at the consumer premises shall be read by the licensee on the same day in the shortest possible time in the presence of the consumer’s representative.
The apportionment of the feeder losses among the consumer on the independent feeder shall be done in proportion of their consumption as per the meters installed in their premises irrespective of the distance of the consumer on the feeder. That is the consumer shall be billed as per Regulation 4.8.2 (iii).
(vi) In case due to exigencies/unforeseen reasons, any other consumer(s) of different category are to be connected to the independent feeder for some period to maintain the continuity of supply, the same will be connected only with the permission of the Chief Engineer (Operation) of the licensee. If such consumers are required to be connected on an independent feeder for more than 7 days, the permission of the Director concerned shall be required and during such period the independent feeder will be deemed to be a general feeder.
The consumer(s) of the independent feeder shall be informed prior to the connection/disconnection of consumer(s) of other category on the independent feeder and the reading of the meters installed at the premises of the consumers and the sub-station meter shall be taken simultaneously in a shortest possible time in the presence of the consumer(s) or their representative. No apportionment of losses shall be carried out during this period and the billing for this period shall be done as per the consumption recorded by the meters installed at the consumer(s) premises.
(vii) For connecting second or subsequent consumer on an independent feeder, if after such connection, the capacity of the feeder is utilized within seventy percent of its rated capacity, no consent of original consumer shall be required. In case due to connection of such subsequent consumer(s) on the independent feeder, the load increases to more than seventy percent of the rated capacity of the feeder, the consent of the original consumer(s) shall be required.
Provided further that, with the proposed addition of load of the subsequent consumer(s), if the total load on the independent feeder exceeds its rated capacity, such consumer(s) shall not be connected until the capacity of the feeder is augmented.
(viii) When a second consumer is connected on an independent feeder, the original cost of the common portion of the independent feeder shall be shared by the new consumer and the credit of the same will be given to the original consumer.
Provided further that on subsequent applicant/consumer to be connected, the cost of the portion of the feeder shared by the new incumbent shall be apportioned among the previous connected consumer on the feeder in proportion of their contract demand. The proportionate cost paid by the second or subsequent consumer shall be of the original cost of the feeder and not the current cost.
(ix) In case an independent feeder has been laid on common poles/structures or otherwise and any case of misuse for abstraction of power or unauthorized use of the independent feeder for connecting any other load by the line staff is noted, the same shall be dealt under Section 142 of the Electricity Act for action against the defaulting employee/person not withstanding any actions, that may be taken against such employee/person under Section 138 of the Electricity Act by the appropriate authority.
Provided further that in case the connivance of the consumer is proved, the issue will be dealt under Section 135 of the Electricity Act for dishonestly using electricity for the purpose other than for which the usage of electricity was authorized.”
[Emphasis Supplied]
From the perusal of above quoted Regulation, it is evident that supply of electricity in case of independent feeder has to be billed as per meter reading taken jointly by consumers and licensee from the meter placed at sub-station from where the independent feeder is emanating. It is lucid that meter installed at the place of independent feeder is not relevant. It is sub-station which is relevant for billing and measuring consumption of electricity. The respondent is claiming that yard meter is also installed at sub-station. VCB Meter installed at sub-station cannot be used for meter reading where electricity is supplied through independent feeder to more than one consumers. As per respondent, the petitioner has installed yard meter at sub-station. Both sides are relying upon Regulation 4.8.2 of 2016 Regulations. As per said regulation, billing has to be done as per meter reading of sub-station. This Court in the absence of any concrete material the sub-station or at a distant place from sub-station. As per letter of Chief Engineer (Commercial), consumption has to be recorded as per sub-station yard meter. Collective reading of Regulation 4.8.2 of 2016 Regulations and letter dated 20.06.2024 of Chief Engineer (Commercial) leads to the conclusion that billing should be from sub-station yard meter. The consumer is liable to bear transmission loss from sub-station yard meter to its place.
The contention of respondent is correct with respect to its presence at the time of measurement where internet facility is not effective. It is factual aspect whether internet facility, as claimed by petitioner, is effective or not. In such circumstances, this Court is of the considered opinion that wherever internet facility is effective, meter reading may be measured without physical presence and in all other cases consumers should be informed as per afore-cited Regulations.
In the wake of above discussion and findings, the petition stands disposed of.