Mohammad Rafiq, J. - (1.) ALL these writ petitions have been filed by industrial consumers of the electricity distribution companies impleaded as respondents No. 2 in the present set of writ petitions, namely, Jaipur Vidyut Vitran Nigam Limited, Ajmer Vidyut Vitran Nigam Limited and Jodhpur Vidyut Vitran Nigam Limited (for short, 'the respondent -Discoms'), inter -alia with the prayer that respondent No. 1 Rajasthan Electricity Regulatory Commission (for short, 'the Regulatory Commission') be directed to look into the issue why the respondent -Discoms have not followed its direction regarding replacement of meters as stipulated in Rajasthan Electricity Regulatory Commission (Metering) Regulations, 2007 and ensure that petitioners are not deprived of the benefit of 3rd digit power factor incentive on account of their failure in replacing meters of the required specification, and further that the respondents be restrained from making any recovery from the petitioners any amount for the benefit of the 3rd digit power factor incentive so far granted and they be directed to allow 3rd digit power factor incentive in the existing meters of petitioners.
(2.) SINCE all the writ petitions involve identical questions of law and facts, the matters were heard together and are being decided by this common judgment. The Regulatory Commission has been constituted by the State Government under Section 82 of the Electricity Act, 2003 (for short, 'the Act'). It is under obligation to discharge functions enumerated in Section 86 of the Act. The respondent -Discoms are licensees under Sections 14 and 15 of the Act, to transmit, distribute and trading in electricity. Section 55 of the Act, inter alia provides that no licensee shall supply electricity, after the expiry of two years from the appointed date, except through installation of a correct meter in accordance with the regulations to be made in this behalf by the Authority provided that the licensee may require the consumer to give security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter. While the Central Electricity Authority (for short, 'the CEA') has in exercise of its powers under Section 55(1) and under Section 73(e) read with Section 177(2) of the Act, has framed the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006. The Regulatory Commission has, invoking its power under Section 51 read with Section 88 of the Act, prescribed the Rajasthan Electricity Regulatory Commission (Metering) Regulations 2007, which were notified on 29.05.2007. They shall be hereinafter referred to as the CEA Regulations and RERC Regulations, respectively.
(3.) ACCORDING to Clause 3 of the RERC Regulations, such regulations were intended only to supplement CEA Regulations and in case of any inconsistency between the two, the latter shall prevail. Clause 4 of the CEA Regulations, which came into operation on 17.03.2006, provides that meter not complying with these Regulations shall be replaced by the licensee on his own or on request of the consumer. The meters may also be replaced as per the regulations or directions of the Appropriate Commission or pursuant to the reform programme of the Appropriate Government. Clause 6 of the CEA Regulations provides that consumer meters shall generally be owned by the licensee. If any consumer elects to purchase a meter, the same may be purchased by him. Meter purchased by the consumer shall be tested, installed and sealed by the licensee. Clause 10 of the CEA Regulations provides that operation, testing and maintenance of all types of meters shall be carried out by the generating company or the licensee, as the case may be. Clause 13 of the RERC Regulations provides that proper operation and maintenance of the meters shall be the exclusive responsibility of the licensee or generating company or STU as provided therein. RERC Regulation in Clause 15 has provided for replacement of all existing meters. It provides that the correct meter instrument of required specifications as specified in these Regulations read with CEA Regulations shall be installed by the licensee within specified time as per Annexure -III appended with these Regulations. Annexure -III of the RERC Regulations has given the time schedule for replacement of existing meters, which in the present case was one year.;