UPBHOKTA SEVA SAMITI TONK Vs. CHAIRMAN RSEB JAIPUR

JUDGEMENT

(1.) THIS is a complaint by Upbhokta Seva Samiti, Tonk filed against the opposite-parties praying therein that the opposite-parties may be restrained from charging meter hire at the rate of Rs. 4/- per month from the consumers of Tonk District of the RSEB and an order for the refund of the amount so recovered may also be passed. According to the complainant there are 37,500 consumers and Rs. 1,50,000/- are illegally realized every month. It has been alleged that recovery of the meter hire at the rate of Rs. 4/- per month is illegal, improper and against the principles of natural justice. To quote from the complaint

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(3.) THE only question that arises for our consideration is whether the recovery of the meter hire from the consumers of Tonk District by the RSEB at the rate of Rs, 4/- per month is legal and justified. Sec. 26 of the Electricity Act deals with Meters. THE material part for the present purpose reads as under : - "26. Meters : - (1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a correct meter and the licensee shall, if required by the consumer, cause the consumer to be supplied with such a meter : Provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter. (2) Where the consumer so enters into an agreement for the hire of a meter, the licensee shall keep the meter correct, and, in default of his doing so, the consumer shall, for so long as the default continues, cease to be liable to pay for the hire of the meter. (3) Where the meter is the property of the consumer, he shall keep the meter correct, and, in default of his doing so, the licensee may, after giving him seven days' notice, for so long as the default continues, cease to supply energy through the meter. (4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "