Executive Engineer, Haryana State Electricity Board vs MADHU SUMAN GUPTA

IN this appeal filed by the Haryana State Electricity Board against the order dated 26.5.1995 passed by the learned District Consumer Forum, Yamuna Nagar, whereby the complaint of Madhu Suman Gupta challenging the correctness of the electricity bill had been allowed, we had passed the following order on 14.11.1995: "This appeal has been filed by the Haryana State Electricity Board against the order dated 26th of May, 1995, passed by the District Forum, Yamuna Nagar, by which the appellant has been directed to issue a fresh corrected bill to the complainant as per actual "consumption, without adding any amount on account of slow metering, etc. It is stated by the learned Counsel for the appellant that the needful has since been done by the H.S.E.B. in compliance with the order of the learned District Forum and the appeal has become infructuous. Disposed of accordingly."

Thereafter the Electricity Board filed a review petition praying- "---------- that order dated 14th November, 1995 passed by Hon''ble State Consumer Disputes Redressal Commission, Haryana, at Chandigarh may kindly be modified to the extent that the disputed bill of Rs. 88,836/- be kept pending till the matter is finally decided by the Electrical INspector for which the reference will be made by the Board."

Since the earlier order had been passed as a concession by the learned Counsel, we thought it appropriate to recall our earlier order and to decide the matter afresh. Accordingly, the order dated 14.11.1995 passed by us was recalled and parties were heard.

IN nutshell, the controversy is as to whether the Electricity Board was competent in law to issue fresh bill to the complainant for the last six months, on the ground that the electricity meter was running slow without first referring the dispute to the Electrical INspector 26(6) of the Electricity Act. Having heard the learned Counsel in detail and after having considered the matter, we are of the view that the aforesaid provision of law is mandatory. Hence, the Haryana State Electricity Board could not of their own issue a fresh bill without first complying with the aforesaid provision of law. Consequently, this appeal is dismissed but without any order as to costs. Appeal dismissed.