- (1.) Shri. S. Kumarsundaram has filed Complaint dated 13 January, 2014 under Sections 87, 88, 139, 140, 142, 146, 149,150 and 151 of Electricity Act, 2003, CEA (Installation and Operation of Meters) Regulations, 2006 and National Electricity Policy.
(2.) The prayers of the Complainant are as follows; " a) Pending disposal of this grievance petition with CGR Forum and filing of appeal before Ombudsman, Complainant may be permitted to file an FIR (First Information Report) with Police and CBI against the Respondents' Directors, AVP Eastern Division, Nodal Officers, General Manager and all concerned staff of the Respondents for producing false and fictious documents before CGRF forum on 31.10.2013. b) Respondents to be prosecuted for contempt and violation of MERC orders and directions dated 07.08.2013. c) Respondent be ordered to only install accurate and 'correct meter' as defined in Central Electricity Authority ­ Installation and Calibration of Meters Regulation 2006 with accuracy test certificate issued by NABL accredited test laboratory only and Respondents to re -test all meters least once in five years as per SEC. 18(2) of CEA Reg.2006. d) Respondent be prosecuted u/s 142, 146, 147 of Electricity Act 2003 for violation of EA 2003 and CEA Regulation 2006 for installing sub standard meters. e) Respondent be prosecuted for not putting into place a system of quality assurance and quality plan for meters with approval of MERC as per SEC 17 of CEA Reg. 2006. f) This Hon'ble Commission may pass such further orders as deem fit and render justice;"
(3.) The Complainant raised the following contentions; 3.1 Complainant has filed this Complaint on 13 January, 2014 under Sections 87, 88, 139, 140, 142, 146, 149,150 and 151 of Electricity Act, 2003, CEA (Installation and Operation of Meters) Regulation, 2006 and National Electricity Policy. The Complainant is a consumer of electricity and being aggrieved that the Respondent No.1 has violated the Order of this Commission dated 7 August, 2013. It is the case of the Complainant that the Respondent No.1 in light of the aforesaid needs to be prosecuted as the said Respondent refuses and neglected to test its meter by National Accreditation Board for Testing and Calibration Laboratories ( Hereinafter "NABL") accredited laboratory which is in violation of law. 3.2 The Complainant submits that Respondent No.1 is regularly installing defective meters without NABL calibration and test certificate in violation of the Electricity Act, 2003 and CEA Regulations, 2006. 3.3 The Complainant submits that Respondent No. 1 is generating huge profits from the existing subscribers by installing defective and fast electric meters. Also the Respondent No.1 is not carrying out its business according to law hence the Complainant lodged formal complaint before this Commission and as per this Commission's direction in Order dated 7 August, 2013, the Complainant lodged formal complaint before the CGR forum set up by Commission being Complaint No. 7 of 2014. It is submitted by the Complainant that Respondent No. 1 does not have facility to produce any NABL test certificate and neither has any letter issued by BIS nor have any certificate to that effect at relevant time. It is submitted that, the Respondent No.1 does not follow the guidelines of the Central Electricity Authority (Installation and Operation of meters) Regulations, 2006. 3.4 It is submitted by the Complainant that Respondent No.1 has not obtained license as required u/s 14 of the EA, 2003 for supplying electricity and is unable to produce the distribution license in the name of Reliance Energy Ltd. or Reliance Infrastructure ltd. Respondent No.1 has been installing sub -standard meters, without valid accuracy test and calibration certificates from NABL accredited test laboratories. Respondent No.1 is also selecting wrong current range which leads to error and excessive billing and has been carrying out wrong installations leading to common neutral leading to excessive billing of consumers. Also it is submitted by the Complainant that the entire bill is computed based on the meter reading hence is very vital that the meter is correct and accurately calibrated. 3.5 It is submitted by the Complainant that there is undue delay to redress grievance by IGR and CGRF. Also Case No. 7 of 2013 filed on 12 August, 2013 with CGRF is still pending for more than 5 months. CGRF comprise members of Respondent No.1 and payments and salaries to such members is by the said Respondent. It is further urged by the Complainant that the whole IGR and CGRF is biased in favour of the Electricity Distribution Company and in this case the Respondent No.1 . 3.6 It is the case of the Complainant that the Respondent No.1 has mislead the CGRF through its letter dated 31 October, 2013 wherein the said Respondent has produced false and fictitious documents for which the Respondent No.1 need to be prosecuted. The unsigned xerox copy of a 'meter test certificate' dated 16 November, 2005 on the recent letterhead of Secure Meters Ltd is a false and fabricated document. Also the Respondent No.1 have 'back -dated' and illegally produced 'meter test certificate' as a 'calibration certificate' to mislead the CGRF whereas actually calibration was never carried out. The certificate does not confirm to Calibration as per IS 13779, so this confirms that the faulty disputed meter was never calibrated before installation. 3.7 It is submitted by the Complainant that from the 'Calibration Certificate' of IDEMI dated 14 October, 2013 it appears that calibration is done after 8 years of manufacture. Calibration must be done before installation and not after 8 years of installation. The disputed meter is resetted and calibrated in absence of consumer; which is illegal. ;