Consumer Protection Act, 1986 – 2(1)(g) – Deficiency in
service – When not – Additional demand raised by respondent no.3
alleging short billing in view of wrong multiply factor (MF) applied
in the bills raised for particular period – Challenged by appellant
inter alia pleading bar u/s.56, 2003 Act – Complaint dismissed by
National Consumer Dispute Redressal Commission – On appeal,
held: Before going into the question of bar u/s.56(2), the consumer
forum is obliged to find out at the threshold whether there was any
deficiency in service – Raising of an additional demand in the form
of short assessment notice, on the ground that the multiply factor
was wrongly mentioned in the bills raised during particular period,
does not tantamount to deficiency in service – If a licensee discovers
in the course of audit or otherwise that a consumer has been short
billed, it is entitled to raise a demand – So long as the consumer
does not dispute the correctness of the claim made by the licensee
that there was short assessment, it is not open to the consumer to
claim that there was any deficiency – Appellant never disputed the
correctness of the respondents’ claim that the MF to be applied was
10, but it was wrongly applied as 5 – National Commission correctly
pointed out that it is a case of “escaped assessment” and not
“deficiency in service” – Respondents not guilty of any deficiency
in service – Complaint rightly dismissed – Electricity Act, 2003 –
s.56(2).
Electricity Act, 2003 – s.56(2) – Bar under – Held: Bar u/
s.56(2) operates on two distinct rights of the licensee, (i) the right
to recover (ii) the right to disconnect – Bar with reference to the
enforcement of the right to disconnect, is an exception to the law of
limitation – Limitation Act, 1963.
Electricity Act, 2003 – s.56(1) – Impact of, on s.56(2) –
Discussed.