What type of electricity matters can be taken up by Consumer commissions?

Consumer Protection Act mainly deals with goods and services and therefore all issues related to defective goods and deficiency is services fall under Consumer Commissions established under Consumer Protection Act.

After enactment of Electricity Act 2003, Civil Courts are barred to take up electricity issues. But where there is a question of deficiency in services while dealing with electricity consumers, Consumer Commissions can hear such matters.

1. Wrong Billing /Excess Billing

Billing Rules & rates are the subject matter of Electricity Act and by agreement rates shall be the same what Electricity Act provides. But in case electricity department makes wrong billing by not following their own rules consumer can contact consumer commissions for redressal of their grievance

(Tariff Rules: Section 61 &62 of electricity act)

2. Non-Replacement of Defective Meter

When defect in meter /jumping meter/burnt meter/stopped meter is reported to the department with a request to checking and replacing by paying requisite fee and no action taken within three days from the date of inspection, there can be deficiency in services on the part of department and in such case if billing done without meter reading, that has to be on average consumption of or previous six months pattern.

3. Charged at commercial rates but meter is installed for Domestic purpose

While having domestic meter and charges levied at commercial meter without such inspection in the presence of consumer, it shall be considered deficiency in services on the part of Department.

4. Theft case made without following proper procedure

For making theft case inspection by a team in the presence of consumer with his signature is necessary step and FIR is to be filed before police for such illegal act. There must be inspection report and recommendation for making a case of theft against the consumer.

Cases which cannot be heard by Consumer Commissions

• Theft cases under section 126 of Electricity Act

(Section 126 of the Electricity Act, 2003 deals with the assessment of electricity charges for unauthorized use of electricity. An inspecting officer can provisionally assess these charges if they suspect unauthorized electricity use after inspecting a place, equipment, or records.)

• Un -Authorized Electricity consumption under section 135 of the act

(Section 135 of the Electricity Act, 2003, addresses electricity theft, including activities like tampering with meters, illegal connections, and unauthorized use, with penalties for such offenses. )