ASST ENGINEER, TAMIL NADU ELECTRICITY BOARD Vs. S VELU ACHARI
LAWS(TNCDRC)-2004-2-7
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 25,2004

Asst Engineer, Tamil Nadu Electricity Board Appellant
VERSUS
S Velu Achari Respondents

JUDGEMENT

- (1.) THE complainant is running an Ever -silver Utensil Manufacturing Unit for which he had the service connection in S.C. 1254. While taking a reading of the meter for the month of August, 1994 a mistake was committed by the meter reader. When the complainant requested the meter reader to make entry in his card, the meter reader said that he had not brought the green card from his office and that he would go back to his office and make entry in the relevant register. On 15.9.1994 when the complainant went to make payment, he was asked to pay a sum of Rs. 2,402/ - stating that unless it was paid the service connection would be disconnected. The complainant requested the opposite parties not to disconnect and promised him to make payment after meeting the Engineer. While the complainant was away, the service connection was disconnected. The mistake was committed by Mayazhagu. When this was pointed out the opposite parties said that on 17.9.1994, the amount as per the reading card has to be paid, and if on verification, it is found that there has been a wrong reading recorded, the amount paid will be deducted in the future payments. There was no proper response from the opposite parties. On account of the disconnection, the complainant has been put to a loss of Rs. 25,000/ - and mental agony and hardship for which he claims another sum of Rs. 25,000/ -.
(2.) ON behalf of the opposite parties, a common version has been filed wherein it is stated that there was a strike by the employees and meter readers for about 60 days and, therefore, with a view to see that the consumers are not affected, temporary staff were appointed to make reading of the meter. In such context, one Mayazhagu was employed to make recording of the meters. The meter installed in the house of the complainant is an old model meter with an indicator like the hand of the clock. Therefore, if persons without experience take note of the reading, there is likelihood of mistake being committed. If the complainant has shown the electricity card to the said Mayazhagu, he would have found out the mistake made by him. The last date for payment was 15.9.1994. But, till that date, the complainant did not take steps to find what exactly the reading was. He did not take any steps at all. Provisions had been made in the rules taking into account such mistakes are likely to be committed in the recording of the meter. If the consumer feels that the recording has been done wrong, he ought to have remitted the amount along with his objection. The complainant failed to deposit the amount on or before 15.9.1994. It is not true to say that any complaint was given to the Engineer concerned on 15.9.1994. If the complainant had paid the amount within 90 days and requested for reconnection, it would have been done. There is the possibility of error having been committed because the regular personnel were on strike during that period. The disconnection was due to the carelessness on the part of the complainant and hence the opposite parties prayed that the complaint be dismissed with costs.
(3.) THE District Forum has accepted the complaint and awarded a compensation of Rs. 15,000/ - for loss of income and a sum of Rs. 25,000/ - towards mental agony and hardship along with a cost of Rs. 1,000/ -. Aggrieved by same, the opposite parties preferred the appeal.;


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