Citizens can’t pay power bills in coins of over Rs1k: Consumer court

Nagpur: Can you pay the entire electricity bill in coins? The Additional District Consumer Disputes Forum here, while deciding an interesting case, responded in the negative, if the amount is over Rs1,000.
The complainants in this case were willing to pay pending power bills of Rs36,020 through coins of Re1, Rs2,5 and 10, but it was rejected by the judges, clarifying that no one could deposit coins worth over Rs1,000 per day, as per the Coinage Act, 2011.
While defending the Maharashtra State Electricity Distribution Company Limited (MSEDCL)’s move to sever power connection of complainant Sandeep Thakre — who runs a grocery shop — and his mother Lakshmi, a bench comprising president Sanjay Patil and member Avinash Prabhune dismissed their demand to pay arrears of Rs36,020 through coins of Rs 1,000/day, stating that there was no such provisions in the laws, neither of installments.
The Kalmeshwar residents moved the forum after MSEDCL disconnected their power supply on March 12, as they failed to pay the bills for 13 months since February 2020. According to them, no written notice about pending arrears was issued regarding disconnecting the supply, but MSEDCL's move to serve notice through SMS and WhatsApp was upheld by the forum.
“From all documents before us and after hearing the lawyers’ arguments, it’s clear that MSEDCL’s action is as per the rules and there is no error in its service. The complaint deserves to be dismissed," the bench said.
Quoting various judgments of national commission and other state commissions in Mumbai and Raipur, the bench held that Thakre wasn’t eligible to lodge a complaint, as the electricity meter was in his mother’s name.
“Only the person in whose name the connection is registered is eligible to lodge a complaint before the forum as a ‘consumer’. Section 2 (1) (d) of the Electricity Act, 1986, clearly states that other persons are not eligible to lodge a complaint as they do not fall under the definition of 'consumer'. Even though the first complainant is using electricity, the power connection isn't in his name. Therefore, the forum has a clear opinion that he's ineligible to file a complaint.”
Flaying the complainants, the judges added that their willingness to pay the full amount made it clear that they had no financial difficulty in paying the arrears. “Considering 13 months default in clearing the bills, they seem to be trying to evade the payment. Although legal provisions of the Coinage Act, 2011 are clear, they appear to have presented unnecessary arguments by misinterpreting them. Ignorance of the law can’t be a defence.”
Pointing out that Thakres sought permission to pay Rs1,000/day towards the arrears, the bench said if they could deposit amount through coins, they could have paid the bill regularly in the last one year by depositing it in the bank and later making payment to MSEDCL.
“On the contrary, they misled the forum by presenting false information about arrears. It seems that the complaint was lodged to harass the MSEDCL, even though its move to cut off the power supply was appropriate. We’re of the view that the complaint is an abuse of the judicial process available to consumers,” they said.