- (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
(2.) LALKJ dk dksbz Hkh fo srk srk ls uki] ckv] rjktw] ehvj dk fdjk;k olwy ugha dj ldrka** This complaint is said to have been filed in public-interest and was received by the State Commission on 27-12-88. Alongwith the complaint a photostat copy of the bill which is in the name of Shri Mukut Singh Vakil was filed. The opposite-parties have contested the complaint on various grounds by filing the version of the case dt. 5-5-89. It was submitted that the complaint has been filed against a wrong person and that the complainant has no locus standi to file the complaint as it is not a representative body of all the consumers of Tonk District. The opposite-parties have averred that no relief can be granted to the complainant under the provisions of the Consumer Protection Act, 1986 (No. 68 of 1986) (for short "the Act" ). It was stated that the complainant has in this complaint, challenged the validity of s. 26 of the Indian Electricity Act, 1910 (the Electricity Act") which is not permissible in the proceedings under the Act. The recovery of the meter hire was sought to be justified under s. 26 of the "electricity" Act. Reference was made to cl. 6, part II (Schedule of Service and Miscellaneous Charges) of General Conditions of Supply and Scale of Miscellaneous charges relating to the Supply of Electricity (for short "the General Conditions" ). Our attention was also drawn to the application form submitted by consumers for supplying electrical energy. The complainant failed to appear despite service of notice of date of hearing (11-4-89 ). His appearance was awaited. As no body appeared on behalf of the complainant on 1-6-89, we heard Mr. R. C. Saxena, Advocate for the opposite-parties. It is not necessary, to examine all the objections raised by the opposite-parties in the version of the case regarding maintainability of the complaint under the Act, for, in our opinion, the complainant is not entitled to succeed on merits.
(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 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " It is, thus, clear that it is the responsibility of the consumer to provide meter to Electricity Board and in its absence, the Electricity Board has to provide meter to the consumer on hire. Clause 6 of the General Conditions of Supply and Scale of Miscellaneous charges relating to the Supply of Electricity deals with fixed service charges. Cl. 7 (a) thereof relates to hire of meters, cl. 25 of the General Conditions deals with payment of bills. ;