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30 January 1998

Electricity complaints call for prompt attention 

Rajiv Tikoo  
It's a pity. Complaints about electricity services can't be simply switched off. The redressal procedure is as formal and routine as in the case of other services. Though all grievances -- major or minor -- must be given attention urgently because of the health hazardous potential of the service.

A complaint may be dealt with by the inspector or consumer grievance cell of a state electricity board, state government electricity department, consumer disputes redressal agency (CDRA), or a court under the writ jurisdiction.

When a consumer suspects that the electricity services are defective, he may complain to the state electricity board. For example, the improper functioning of an electricity meter may be reported to the department, which is duty-bound to maintain it.

Inflated bills should also be referred to the department. Raising the dispute about the amount payable also ensures that the department doesn't label the complainant a defaulter and disconnect his electricity.

In any case an electricitydepartment is required to give at least seven clear days' notice to a defaulting subscriber before disconnecting his electricity. Electricity is restored only after the bill is paid along with the disconnection and reconnection charges.

But if the complainant is not satisfied with the departmental redressal, he may approach a CDRA. Under the Consumer Protection Act, 1986, a consumer can complain to a CDRA in respect of an unfair trade practice or a defective service for which he has paid for. A service can be termed deficient if it's erratic qualitatively or in functioning as required.

On proving that the complainant has been a victim of a defective service, a CDRA can order for reconnection, rebate, refund, and even part refund of the excessive bill arising due to a defective meter. Besides CDRAs are also empowered to award compensation for pecuniary loss as well as non-pecuniary suffering.

Claims in respect of an accident or death due to negligence by the state electricity board may be also dealt withby a CDRA. Or even a district court. Claims must be made and proved where the consumer has suffered personal injury or death due to the negligence of the department. Though CDRAs award damages only if the electricity supply was made for a consideration.

The damages are to compensate the consumer or his family by visualising his condition in case the negligence had not occurred. Pecuniary compensation is calculated by taking note of the actual monetary loss incurred by the complainant, and includes the loss of current and future earnings, and medical expenses, etc. Relief in lieu of pain, harassment and mental suffering constitutes non-pecuniary compensation.

While filing for damages, a complainant should also add the interest -- from the date of filing claim to the date of trial -- on the claimed amount.But a complainant shouldn't get tempted to go overboard while staking a claim. A realistic claim stands a better chance of a quick redressal than an exaggerated claim.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.



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