AKHIL BHARTIYA GRAHAK PANCHAYAT Vs. AHMEDABAD ELECTRICITY CO LTD
LAWS(RAJ)-1989-8-45
HIGH COURT OF RAJASTHAN
Decided on August 24,1989

AKHIL BHARTIYA GRAHAK PANCHAYAT Appellant
VERSUS
AHMEDABAD ELECTRICITY CO LTD Respondents

JUDGEMENT

- (1.) IN this petition filed by a consumer of Ahmedabad by the name Akhil Bhartiya Grahak Panchayat, Dr. R. K. Shah the Secretary of the Panchayat appe-ared before us in person. The grivance put forward are against certain alleged difficulties caused to consumers on account of the practices adopted by the Ahmedabad Electricity Company Limited-Respondent herein regarding the levy of rental charge for meters, the revision of tariffs by the company effected in 1987 by introduction of a two part tariff including a "fixed charge" the levy of "fuel adjustment charge" and finally the non-payment of interest on security deposits collected from the domestic consumer which are less than Rs. 50/- in quantum.
(2.) AFTER hearing the submissions made before us by Dr. Shah and the learned Advocate General of Gujarat Mr. Thakore, we do not find any merit in the contention of the Corhplainant that the levy of meter rent at Rs. 2 per mensem is unjustified or oppressive. It has been pointed out in the Counter-Affidavit filed on behalf of the Respondent that the Respondent Company has left it to option of the domestic consumers to instal their own meters in their respective premises in which event no meter rent will be collected from them. The Counter Affidavits has also set out valid and convincing reasons justifying the fixation of meter rent at Rs. 2/- per mensem. In this connection, it is relevant to note that the meter rent levied by the Gujarat State Electricity Board from the consumers of the same type is Rs. 3. 50 while the Respondent Company is charging only Rs. 2/- per mensem. This ground of grievance put forward by the Complainant is therefore devoid of merit. The learned Advocate General has given an undertaking before us on behalf of the Respondent Company that in the event of any consumer having a complaint that the meter installed in his residential premises is defective in any respect and intimation in writing is given to the Respondent Company about such defects, the Respondent Company will arrange, within one month from the receipt of such intimation from the consumer, to get the meter tested and to get it either repaired or replaced if it is found to be factually defective. The next grievance voiced by the Petitioner concerns the levy of "fixed charge" in the new scheme of tariff which was introduced in 1987. After hearing the learned Advocate General of Gujarat on behalf of the Respondent, we are satisfied that this so-called fixed charge is really only a substitute for the minimum charge' which was being previously levied and we are unable to find any objectionable feature about the levy of such a charge. The Petitioner's attack against the "fuel adjustment charge" does not really call for any serious consideration at our hands since the validity of the said levy has been specifically upheld by the High Court of the Gujarat in First Appeal No. 681 of 1974 decided on 29-1-1982. That takes us to the last grievance put forward by Dr. Shah on behalf, of the Complainant Panchayat, namely the non-payment of interest on security. deposits of less than Rs. 50/- collected from consumers. On our expressing the view that the denial of interest to such small consumers is not fair and just, learned Advocate General appearing on behalf of the Respondent has, with commendable fairness, assured us that the Company would take immediate action to amend the conditions of supply by incorporating a suitable provision for payment of interest at the rate of 8% per annum in respect of all security deposits of less than Rs. 50/- collected from domestic consumers. We record this assurance. The Original Petition is disposed of by recording the undertaking and the assurance given as above by the learned Advocate General on behalf of the Respondent Company.
(3.) ORDER pronounced on 24. 8. 1989. .;


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