Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission

Brief Facts of the Case

The complainant had electricity connection with North Delhi Power Limited/NDPL and presented various complaints relating to bills and meter-related issues. At first, the applicant received a disputed bill amounting to Rs. 1,43,450 and stated that payments had been made prior to installation of a new meter; no outstanding was there while the old meter was withdrawn. A new meter was installed, and the first bill for Rs. 280 was paid. Subsequently, no bill was issued, and due to this, the complainant raised complaints, and eventually, a bill of Rs. 83,650 was issued. Various applications and complaints were submitted at NDPL for bill rectification and load inspections. The representatives of NDPL inspected and found very small consumption of electricity, and the complainant claimed to be having discrepancies and also unauthenticated documents. Despite receiving multiple payments and attempts at settling the matter, NDPL refused to accept certain current bill payments and had even threatened to remove the meter. Appeals and applications were made to the NDPL officials, but no results were achieved. Aggrieved by the District Commission's order dismissing his appeal, the complainant filed an appeal before the State Commission of Delhi.

Contentions of NDPL

NDPL argued that the complainant's electricity connection was registered for domestic use and had a sanctioned load of 0.25 kW. The complainant had outstanding dues, arrears and other pending charges on this system. The assessment details were explained to the complainant during his office visitations. However, despite making complaints that the bills were not received, the complainant did not clear the amount due to him. Again, it was contended that a cheque payment of Rs. 25,000 made by the complainant was returned. There were two tests of meter accuracy and found within limits. In light of the above arguments, NDPL contended that the District Commission's order was well reasoned and fair.

Observations by the State Commission

The State Commission observed that before addressing the merits of the case, it was essential to decide whether consumer commissions could entertain complaints regarding power bills assessed under the Electricity Act. In the case of U.P. Power Corporation Ltd. vs. Anis Ahmad, the Hon'ble Supreme Court ruled that while the Consumer Protection Act prevails over the Electricity Act in cases of inconsistency, consumer forums cannot address disputes about assessments under Section 126 or offenses under Sections 135–140 of the Electricity Act. Complaints are limited to issues such as unfair trade practices, restrictive trade practices, deficiencies in service, or overcharging. In this case, the complainant's electricity meter was faulty for a specific period, after which it was replaced, and billing resumed based on actual consumption. The Commission highlighted that the present complaint relates to billing evaluations and not service deficiencies or unfair trade practices. As such, it is outside the jurisdiction of consumer forums. The Commission held that the District Commission was mistaken in taking cognizance of the case on merit without dealing with its maintainability. Consumer courts being barred from entertaining such causes of action, the appeal was rejected. The liberty was granted to the complainant to approach appropriate authority and seek benefit regarding the limitation period spent on consumer proceedings.

Case Title: Mr. Pawan Kumar Vs. North Delhi Power Limited

Case Number: F.A. No. 447/2023

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