SURESH JINDAL versus BSES RAJDHANI POWER LIMITED AND ORS.

SURESH JINDAL versus BSES RAJDHANI POWER LIMITED AND ORS.

The licensee has the authority under Section 20 of the Indian Electricity Act, 1910 to enter premises and alter or replace electricity meters, including replacement with electronic meters. This power is independent and not controlled by Section 26, which applies only where disputes arise regarding meter correctness. No statute prohibits the licensee's action; statutory power allows adaptation to technological progress. Consumer acquiescence in meter replacement and regulatory directions validate the respondent's actions. The challenge to replacement and calculation based on replaced meter is therefore dismissed.

Parties
Appellant: Suresh Jindal; Respondent: BSES Rajdhani Power Limited and Ors.
Jurisdiction
India
Judgment Date
11 October 2007
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition and Letters Patent Appeal by High Court
Outcome
Appeal dismissed
Legal Topics
Meter Replacement, Consumer Rights, Statutory Interpretation, Electricity Supply
Electricity Law Meter Replacement Consumer Rights Statutory Interpretation Electricity Supply

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Parties

Suresh Jindal

Appellant

BSES Rajdhani Power Limited and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition and Letters Patent Appeal by High Court

Legal Issues

  1. 1 Whether the licensee has statutory power to replace an existing electricity meter with an electronic meter under Section 20 of the Indian Electricity Act, 1910
  2. 2 Whether Section 20 is controlled by Section 26 regarding meter disputes
  3. 3 Legal permissibility and authority for meter replacement absent consumer objection

Ratio Decidendi

The licensee has the authority under Section 20 of the Indian Electricity Act, 1910 to enter premises and alter or replace electricity meters, including replacement with electronic meters. This power is independent and not controlled by Section 26, which applies only where disputes arise regarding meter correctness. No statute prohibits the licensee's action; statutory power allows adaptation to technological progress. Consumer acquiescence in meter replacement and regulatory directions validate the respondent's actions. The challenge to replacement and calculation based on replaced meter is therefore dismissed.

Court Disposition

Appeal dismissed