.(A Govt.

of Maharashtra Undertaking)
CIN : U40109MH2005SGC153645
PHONE NO. : 25664314/25664316 Consumer Grievance Redressal Forum
FAX NO. 26470953 “Vidyut Bhavan”, Gr. Floor,
Email: cgrfbhandupz@gmail.com L.B.S.Marg,Bhandup (W),
Website: www.mahadiscom.in Mumbai – 400078.
___________ ___________________________________
REF.NO. Member Secretary/CGRF/MSEDCL/BNDUZ/108/592 Date: 10.08.2018

Hearing Date: 05/06/2018

CASE NO.108/2018

M/s. Jaimin Plastics

9,Govind Udhyog Bhavan
B.R.Road, Mulund

(CONSUMER NO.600000821737)
. . . . (Hereinafter referred as Consumer)

Versus

Maharashtra State Electricity Distribution Company Limited

through its Nodal Officer,

Thane Circle,Thane
. . . . (Hereinafter referred as Respondent)

Appearance:-
For Consumer – Shri.Pravin Thakkar – Consumer Representative
For Licensee:- Shri S.S Kuril Additional Executive Engineer,
Pacharasatta,Mulund

[Coram- Dr. Santoshkumar Jaiswal- Chairperson, Shri. R.S.Avhad -Member

Secretary and Sharmila Ranade - Member (CPO)}.

1. Maharashtra Electricity Regulatory Commission, is, constituted u/s. 82 of Electricity

Act 2003 (36/2003). Hereinafter for the sake of brevity referred as ‘MERC’. This

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 Consumer Grievance Redressal Forum has been established as per the notification
issued by MERC i.e. “Maharashtra Electricity Regulatory Commission (Consumer
Grievance Redressal Forum & Ombudsman) Regulation 2006” to redress the
grievances of consumers vide powers conferred on it by Section 181 read with sub-
section 5 to 7 of section 42 of the Electricity Act, (36/2003). Hereinafter it is referred
as ‘Regulation’. Further the regulation has been made by MERC i.e. Maharashtra
Electricity Regulatory Commission. [Electricity Supply Code and other conditions
of supply Regulations 2005] Hereinafter referred as ‘Supply Code’ for the sake of
brevity. Even, regulation has been made by MERC i.e. ‘Maharashtra Electricity.
2. The Applicant consumer has filed application to this Forum for interim order on dtd.
26/03/2018 against threat of disconnection from Distribution Licensee under
regulation no 6.5 and 8.3.
3. The consumer has filed this Representation raising following points. .
i. The applicant is Low tension consumer under Pachrasataa, Mulund
Sub-Division bearing consumer number 600000821737
ii. The Respondent has issued applicant the supplementary bill for Rs
8,90,250/- On date 20/02/2018 for slow meter recovery for the period
August 2014 to Feb 2014.
iii. The Respondent not provided Testing Division Report, Spot verification
report, Spot Panchanama, Meter Testing Panchanama and Calculation
sheet. The recovery period of 43 months based only assumptions and
presumptions and there is no any substantial evidence for 43 months.
iv. As per MERC Regulation 15.4.1. in case of defective meter ,the
recovery period is maximum 3 months As per regulation in case of
defective /slow meter the recovery period is maximum 3 months.

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 v. The consumer also informed to direct MSEDCL to send the CT and
Meter To NABL accredited Lab with their Cost and expenditure to
detect the exact date of burning of plug in CT and find out exact reason
of defectiveness of Meter and CT.
vi. The consumer has referred the order passed by Hon’ble Ombudsman in
representation no 100 of 2010 and Judgement of Hon’ble Punjab-
Harayana High court in civil Writ petition no 14559 of 2001 Dtd
09/11/2009.
vii. The consumer also submitted that retrospective recovery bill of Rs
8,90,250/- for meter slowness for the period of 43 months issued by
the Respondent is highly illegal, wrong and baseless and has prayed for
quash the same and also prayed to instruct the Respondent to pay
interest on security Deposit from date of connection.
4. Notice was issued to the Nodal officer and executive Engineer IGRC of Thane
circle.The Respondent has filed reply dated 04 April 2018 stating as under:-
i. The connection is on the name M/S Jaimin Plastics bearing consumer
no. 600000821737, Meter no. 6262856, Make: Genus, Capacity
100/5A, Sanctioned Load:- 63HP is 3 phase connection & date of
power supply is 01.01.1987.
ii. The respondent While going through MRI (Meter Reading Instrument)
data report of Genus make CT operated meter (Sr 6262856) it has found
that B phase current was missing on meter.
iii. The Additional Executive Engineer Mulund Division & Pachrastra Sub
division, Assistant Engineer (QC) and Assistant Engineer of The
Respondent inspected the premises as mention above in the presence of
consumer Shri.Narendra Damja Rachhon date 18.01.2018. It has found
that B phase current displayed ‘0’ on meter. But while testing by digital
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 clamp meter at B phase of meter outgoing cable current was 29A.
Thereafter meter data retrieved through SANDS MRI and checked
meter by ACCUCHECK meter (Standard calibrated Meter instrument)
and found ACCUCHECK result as -27.3%.The meter recorded 27.30%
less consumption so working slow by 27.3% .Immediately the meter
has replaced by new meter on same day. Thereafter the spot inspection
report and panchnama was done &signed by consumer
iv. In MRI data it has found ‘B’ phase current missing from Aug 2014 so
CMRI data files sent to Genus Company for Meter Data analysis report.
Meter Data Analysis Report received from Genus company through
email dated on 25.01.2018 Therefore the calculation of less recorded
consumption on meter was calculated since Aug2014 by less recorded
by 33.33% and assessment for units calculated 110439.5 amounting
Rs890250/-.
v. Meter has tested in MSEDCL Bhandup Testing Lab which is NABL
(National Accreditation Board for Testing & calibration Laboratory)
certified LAB. Meter found Ok in testing & meter data has retrieved
using MRI by Testing Division. Consumer applied for testing of meter
from NABL lab dtd on 23.03.2018. The Executive Engineer Mulund
has mentioned in the reply to consumer) that MSEDCL Testing Lab is a
NABL certified LAB The consumer might get meter tested from
MSEDCL Ambikanagar Testing Lab after payment of meter testing
fees.
vi. Consumption of New Meter from Mar 18 is 7727 units and in the
month of Apr18 are 8351 units as below. The plain recovery for non-
recorded units in the meter due to B phase missing current since from
Aug14 according to MRI data is proposed. The issue as already decided
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 by Hon‟ble Ombudsman in case no 16 /2017 and confirmed by
Hon‟ble High Court Bombay that when ‘B’ Phase terminals missing
recording unit but other terminal showing the actual consumption
recorded then it is not the fact of defective meter and as such benefit
under 15.4 cannot be given . The Respondent Prayed to consider all the
facts seriously & give positive decision in favour of MSEDCL

5. During the hearing, the Consumer argued that he obtained Low Tension supply form
the Respondent. The meter is the property of the licensee and is under their seal. As
per regulation 14.4.1. Of MERC (Electric supply code) Regulation 2005 the
distribution Licensee shall be responsible for the periodic testing and maintenance of
all consumer meters. The consumer submit that the definition of meter as per Reg.
No 2.1 of MERC (Electricity Supply code) Regulations 2005 “Meter “Means a set
of integration instruments used to measure and /or record and store the amount of
electrical energy supplied or the quantity of electrical energy contained in the
supply, in a given time which include whole current meter transformer or potential
or voltage transformer with necessary wiring and accessories and also includes pre-
payment meters. So as per definition ,the meter includes the current Transformer in
this case the ‘Y’ Phase CT burnt at incoming side burnt clearly shows the meter
becomes defective and slow .The Respondent not provided Testing Division Report,
Spot verification report, Spot Panchanama, Meter Testing Panchanama and
Calculation sheet. The recovery period of 43 months based only assumptions and
presumptions and there is no any substantial evidence for 43 months. The ‘Y’ phase
CT was defective this clearly means that meter was defective. The faulty in the
meter could be occurred 24 months before and may have risen only on the day of
detection. Therefore question of provisional/supplementary bill does not arise As per
Regulation 15.4.1 of supply code Regulations, in case if the meter is defective, the

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 consumer is to be billed for maximum period of three months based on the average
of previous twelve months. The appellant therefore prayed to quash the
Supplementary bill and to issue bill only for a period of 3 months. Therefore he had
submitted that the meter was apparently faulty and only bill shall be adjusted for
minimum period of 3 months as per provision of 15.4.1 of the Supply Code
Regulation. The consumer also argued that the respondent not paid interest on
security Deposit from the date of connection and prayed for the same as MERC
regulation.

6. The Respondent stated during that while going through MRI data report of secure
make CT operated meter (Sr 6262856) it has found that ‘B’ phase CT voltage was
missing on meter. He further contended that the site inspected by our team in
presence of consumer Shri.Narendra Damja Rachhon on dated 18.01.2018 and found
‘B’ phase current Shown zero on display . The same CT operated meter replaced on
same date. Thereafter meter data retrieved through SANDS MRI and checked meter
by ACCUCHECK meter (Standard calibrated Meter instrument) and found
ACCUCHECK result as -27.3%.The meter recorded 27.30% less consumption so
working slow by 27.3% .Immediately the meter has replaced by new meter on same
day. Thereafter the spot inspection report and panchnama was done &signed by
consumer. The meter tested in testing lab on 8 Feb 2018 and found O.K. In MRI
data it has found ‘B’ phase current missing from Aug 2014.So CMRI data files sent
to Genus Company for Meter Data analysis report .Meter Data Analysis Report
received from Genus company through email dated on 25.01.2018 Therefore the
calculation of less recorded consumption on meter was calculated since Aug2014 by
less recorded by 33.33% and assessment for units calculated 110439.5 amounting
Rs890250/- Meter has tested in MSEDCL Bhandup Testing Lab which is NABL
(National Accreditation Board for Testing & calibration Laboratory) certified LAB.

108/2018 Page 6
 Meter found Ok in testing & meter data has retrieved using MRI by Testing Division
Meter. Consumer applied for testing of meter from NABL lab dated on 23.03.2018.
The Executive Engineer Mulund Meter has tested in MSEDCL Bhandup Testing Lab
which is NABL (National Accreditation Board for Testing & calibration Laboratory)
certified LAB. Meter found Ok in testing & meter data has retrieved using MRI by
Testing Division. Meter Consumer applied for testing of meter from NABL lab dtd
on 23.03.2018. The Executive Engineer ,Mulund has intimated in the reply to
consumer that MSEDCL Testing Lab is a NABL certified LAB and also informed
that the consumer might get meter tested from MSEDCL Ambikanagar Testing Lab
after payment of meter testing fees but consumer did not pay any testing fees.

7. The Respondent stated that the meter is not at all faulty only ‘B’ phase was missing.
Further submit that the MRI reading is there those it was display it cannot be stated
the faulty meter. No extra charges settle the application.

Observation,

8. It is observed that the meter was recording a lesser energy consumption then the
actual value due to defective CTs output to the meter. The meter itself cannot termed
as faulty only the electric current input feed to the meter missing, causing a
reduction in recording
9. Supply code deals with procedure regarding the preparation and issuance of a bill,
when the meter reading not available due to its non recording or malfunctioning of
the meter, Here the case was that meter records less due to the current output from
one phase ‘B’ of the CT was missing. Paving the way for missing of the current
input to the meter. Hence, the meter recording the energy of two phases out of three
phases. Hence, Regulation 15.4.1 of the Electricity Supply Code Regulations not
applicable but when one phase of CT input to the meter is missing, it will pave the

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 way for reduction of 1/3 of the total energy actually consumed in the recordings of
the meter. Since in three phase connection two phases shown the current values but
one phases not shown any values i.e. zero current, Hence one phase lost , nearly 1/3
rd of the total energy consumed will not be recorded and in such case the
assessment of non recorded energy consumption i.e. 1/3 less is technically and
mathematically correct. The testing report has conclusively prove that the ‘Electric
current input of one phase of electric supply from one R Phase ‘CT’ was missing
due to contact open i.e. in disconnected state . The appellant witness the pachanama
prepared on date and the findings of The MRI Data result is not disputed by
applicant. The retrieved data download from meter by respondent has proved that the
Missing of CT output has occurred since August 2014. Hence it is clear that the
Meter was recording less energy from that day onwards till it is replaced.

10.On verifying the consumption pattern of the consumer for previous and succeeding
years of inspection , which is reproduced as below
Month – Consumption (Units) Month – Consumption Month –
Consumption

Month – Consumption (Units) Consumption Month –

Month Consumption
AUGEST2017-3007 Feb 2018-1832
SEP2017-3145 March2018-7727
OCT-2017-3211 April-2018-8351
NOV2017-2707 May 2018-4784
DEC2017-2492 June2018-3095
Jan2018-2572 July 2018-4929

The sample consumption pattern also shows recorded units per months on
meter for disputed period is less as compared to succeeding months.

108/2018 Page 8
 11.Licensee is entitled to recover energy charges, under charged from the consumer, if
it is established. In present case it stands proved the consumer was under charged
during the years August 2014 to Jan 2018. It is true that the recovery of arrears of
electricity charges is not due to any fault or offence committed by consumer. There
is no allegation of misuse or unauthorized use of electricity against the consumer by
MSEDCL. The MSEDCL only demanded the charges of energy lost in the recording
of the meter. Which has been actually used by Party .The consumer is bond to pay
electricity charges for the energy he has consumed. The energy consumption
recorded in meter, during the period of missing one phase of CT (Current output
from phase of supply) to the meter i.e. for the period from August 2014 to Jan
2018 is reported as 110439.5units amounting Rs890250/-
12.In the case of the applicant the MRI Data produced by the Respondent Shows that
‘B’ phase CT missing from August 2014 to Jan 2017 and consumer was billed for 43
Months but as per provision of section 56(2) of the Electricity Act 2003, which
reproduce as below
“Notwithstanding anything contained in any other law for the time being in
force, no sum due from any consumer, under this section shall be
recoverable after the period of two years from the date when such sum
became first due unless such sum has been shown continuously as
recoverable as arrear of Charges for electricity supplied and the licensee
shall not cut off the supply of the electricity”
The period of recovery was restricted for 24 months considering the provision
of section 56(2).

13.It is directed to the respondent MSEDCL to issue revise supplementary bill for the
period of 24 months prior date of inspection. It is directed to the MSEDCL to
prepare the Supplementary bill and issued to the applicant within 15 days from the
date of the receipt of this order. The applicant is at liberty to pay the arrears to the

108/2018 Page 9
 Respondent by 12 monthly equal instalments from the date of receipt of
supplementary bill. Hence proceed to pass following order

ORDER

1. This application no 108/2018 partly allowed.

2. The applicant entitled to pay the recovery bill for the period Feb 2016
to Jan 2018 i.e. 24 months without any interest and DPC. The
Respondent directed to recover the arrears for a period of two years
proceeding Jan2018.

3. Applicant shall be pay outstanding amount of arrears to the

respondent by way of 12 equal monthly instalments from the date of
receipt of the correct bill along with current energy bill.

4. The respondent shall verify that interest on security deposit given or

not. If not given then credit in bill accordingly

No order as to the cost.

I Agree/Disagree I Agree/Disagree

108/2018 Page 10
The order is issued under the seal of Consumer Grievance Redresses Forum
M.S.E.D.C. Ltd., Bhandup Urban Zone, and Bhandup.

Note:
a) The consumer if not satisfied, may file representation against this
order before the Hon. Ombudsman within 60 days from the date of
this order at the following address. “ Office of the Electricity
Ombudsman, Maharashtra Electricity Regulatory Commission,606,
Keshav Building,Bandra - Kurla Complex, Bandra (E),Mumbai - 400
051”

b) b) consumer, as per section 142 of the Electricity Act, 2003, can

approach Hon’ble Maharashtra electricity Regulatory Commission
for non- compliance, part compliance or

c) Delay in compliance of this decision issued under” Maharashtra

Electricity Regulatory Commission ( consumer Redressed Forum
and Ombudsman) Regulation 2003” at the following address:-

“Maharashtra Electricity Regulatory Commission, 13th floor,world

Trade Center, Cuffe Parade, Colaba, Mumbai 05”

d) It is hereby informed that if you have filed any original documents

or important papers you have to take it back after 90 days. Those
will not be available after three years as per MERC Regulations and
those will be destroyed.

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