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BEFORE THE PROVINCIAL OFFICE OF INSPECTION/ELECTRIC INSPECTOR

GOVERNMENT OF THE PUNJAB, FAISALABAD REGION, FAISALABAD.
In re: Mr. Muhammad Afzal S/o Muhammad Ameen caste Malik, (Shahbaz Akhtar) R/o
Chak No.219/RB, Mohallah Irshad Town, Street No.2, Faisalabad. Consumer A/C
No. 27-13211-6129410 U/ B-1b(09)T.
……….Complainant
V E R S U S.
1. FESCO through its, Chief Executive Officer, FESCO Canal Road, Faisalabad.
2. The Superintending Engineer, FESCO, 2nd Circle, Faisalabad.
3. The Executive Engineer (Op) FESCO, Nazimabad Division, Faisalabad.
4. The Revenue Officer (CS) FESCO, Nazimabad Division, Faisalabad.
5. The Sub-Divisional Officer (Op) FESCO, Factory Area Sub-Division, Faisalabad.
……….Respondents
COMPLAINT UNDER SECTION 38 OF THE REGULATION OF
GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRIC
POWER ACT 1997.
ORDER:
(1) The brief history of the case is that the complainant filed the case before this forum
through counsel Mirza Muhammad Ijaz Advocate on 31.10.2019 under Sections 38 of
Regulation of Generation, Transmission & Distribution of Electric Power Act 1997.
The complainant challenged the detection bill amount Rs.1390366/- for the cost of
73651 units charged in the bill for the month of 06/2019 with the plea that fake
detection bill has been charged on blaming of stealing of energy and the
consumer/complainant has neither been associated in checking of impugned meter nor
been issued any notice before charging the impugned detection. He also alleged that the
impugned detection bill has been charged in utter violation of NEPRA Act &
Electricity Act 210 abridged conditions. Earlier the complaint was filed in the Civil
Court Faisalabad and was returned due to lack of jurisdiction.
The case was remained under trial before this forum. The counsel for
Respondents/FESCO Ch. Saif-Ur-Rehman Gujjar Advocate submitted their written
reply.
On hearing date 01.01.2020 both the parties attended and participated in the
proceedings. The counsel for complainant Mirza Muhammad Ijaz Advocate prayed to
sine-die the case till decision of FIR/Criminal case. The pray of Counsel for
complainant/consumer is accepted and complaint/case is adjourned sine-die till the
decision of criminal case of FIR No.532/19 dated 29.05.2019. Both the parties are at
liberty to approach this forum after decision of the criminal case.
(2) The counsel for complainant again approached this forum on 13.10.2023 and submitted
application to reopen the titled complaint with the plea that the proceedings of FIR has
been closed by the Nadeem Akhtar Tabbsum ADSJ Faisalabad with the remarks that
court cannot take cognizance pertaining to electricity enshrined in section 462-H to
462-M of PPC upon police reputed U/S 173 of CR.P.C prepared by the I.O on the basis
of IR forwarded by the concerned SHO as it being violating of provisions of sec 462-O
of PPC therefore the honorable court stopped the proceedings & returned the report U/s
173 of Cr.P.C to the prosecution without recording any order for acquittal or conviction
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of the accused and directed that the report U/s 173 of Cr.P.C be sent to the prosecution
alongwith copy of this order. That no report U/s 173 has been submitted to prosecution
by the Respondents uptill now. The application was admitted for regular hearing and
respondents were required to attend this forum on 01.11.2023 alongwith Para-wise
written reply and all other relevant record. On 01.11.2023, counsel for the Respondents
Mr. Zafar Abbas Advocate attended this forum and requested to adjournment the case
for submission of written reply. On 06.12.2023 Mr. Faisal Nizam, SDO (OP) FESCO
Factory Area Sub-Division, Faisalabad attended this forum and submitted written reply
through his counsel Mr. Zafar Abbas Advocate on behalf of FESCO/Respondents
wherein it is stated that the complainant’s energy meter has been checked on 29.05.2019
when it is found tempered and a shunt was affixed in it from which electricity was being
stolen. It was sent to M&T lab for checking. From checking report it has been cleared
that electricity was being stolen by installing a shunt inside the meter. According to the
reading of the said meter, after doing assessment, a detection bill amounting to
Rs.1390366/- for cost of 73651 units was sent to complainant. Moreover an F.I.R
532/19 under law 462J/PPC was also filled on 13.06.2019 against the complainant on
electricity theft in Samanabad Police station.
Under the circumstances, it is requested that the complaint of the complainant is based
on bad faith and false information while he himself involved in electricity theft which
was caught red handed. So, his complaint should be dismissed and the complainant
should be directed to pay the arrear amount of detection bill.
(3) Both the parties were offered full opportunity of being heard and to adduce arguments.
Mr. Faisal Nizam SDO(OP) FESCO Factory Area Sub-Division, Faisalabad alongwith
counsel Mr. Zafar Abbas Advocate counsel for Respondents/FESCO attended this
Forum on 06.12.2023 and 20.12.2023 on behalf of Respondents/FESCO and adduced
arguments. Complainant Mr. Shahbaz Akhtar also attended this forum and advanced
arguments. The case was discussed in detail. All the record available in the file has been
minutely perused and following observations/discrepancies have been observed:
i. The complainant’s electricity meter has been checked on 28.05.2019 wherein it
is found tempered and a shunt was affixed in it from which electricity was
being stolen and the meter sent to M&T Lab for detailed checking.
ii. Later on, the disputed meter was checked in M&T Lab where a shunt wire
found inside the meter body from which electricity has been stolen.
Based upon said checking, the Respondents charged the detection bill on the
basis of installed load at site.
Reason of charging detection bill = Shunt fixed inside meter body
Period to be charged = 06/2018 to 05/2019 (12-Months)
Assessment of charging D-Bill = 25.142 x 730 x 0.60
= 11012 x 12 = 132144 units
Total Units KWH Assessed = 132144 units.
Units already charged = 58493 units
Net Units KWH to be charged = 73651 units
iii. To decide the matter, NEPRA Consumer Service Manual, January-2021 has
been consulted and it is observed that Respondents/FESCO have not followed
the procedure for establishing the theft of electricity as explained in clause 9.2
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i.e. (9.2.1) & (9.2.2) of the NERPA CSM, January-2021 which is reproduced
as under:
9.2.1 Following indications shall lead to further investigations by FESCO for
illegal abstraction of electricity:
(a) Prize bond/postal order/meter security slip removed.
(b) Bond/Terminal cover seal of the meter broken/bogus/tampered.
(c) Terminal cover of the meter missing.
(d) Holes made in the meter body.
(e) MSB of the meter showing signs of tampering.
(f) Meter hanging loose/tilted/physically unbalanced.
(g) Meter glass broken.
(h) Meter dead stop/burnt/display wash.
(i) Meter sticking.
(J) Meter digits upset.
(k) Meter running reverse.
(l) CT / PT damaged
(m) EPROM damaged.
(n) Neutral broken.
(0) Glass smoky/unable to read
(p) Polarity changed
(q) Shunt in meter
(r) Chemical in meter
(s) Meter body repasted
(t) AMR meter communication error
(u) Any other means which can cause interference in true recording
of MDI (kW) and units (kWh) by the metering installation.

9.2.2 Procedure for establishing illegal abstraction shall be as under:

Upon Knowledge of any of the items in 9.2.1, the concerned office of the
FESCO will act as follows:
(a) Secure meter without removing it in the presence of the consumer or
his representative.
(b) Install check meter at the premises and declare it as billing meter.
(c) FESCO may take photos / record video as proof of theft of electricity
for production before the competent forum.
(d) Once confirmed that illegal abstraction is being done, the consumer
shall be served with a notice by the SDO/AM(O) informing him/her of
the allegations and giving him/her seven days for furnishing a reply.
(e) The consumer's reply to the notice shall be examined by the XEN/ DM
(O). If the reply is not satisfactory or if no reply is received or if the
allegations as leveled are admitted, the SDO/AM (O) with the
approval of the XEN/ DM (O) will immediately serve a detection bill
to the consumer for the energy loss.
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iv. Moreover respondents have not charged the detection bill in accordance with
the NEPRA Consumer Service Manual, January-2021. The relevant provisions
of Consumer Service Manual, January-2021 approved are reproduced as:
9.2.3 (C) Maximum period for charging detection bills shall be:
(i) Restricted to three billing cycles for general supply consumers i.e. A-1 &
A-2 & general services consumers i.e. A-3 and extendable up to a
maximum of six months, subjected to approval of the Chief Executive of
the FESCO. The CEO may delegate its powers and authorize a committee
comprising at least three officers of Chief Engineer/ Director level to
allow charging of detection bill up to six months to these consumers on
case to case basis after proper scrutiny so that no injustice is done with the
consumer. In such cases action will also be initiated against the concerned
officer for not being vigilant enough.

(ii) Restricted to maximum six billing cycles for other consumer categories.
Keeping in view the above quoted clause, the recoverable units are calculated as:

Base of assessment
Monthly Consumption Assessed
Period of Detection bill
Total Units Assessed
Units already charged
4605
Difference of Units chargeable
= 60 %
= 25.142 x 730 x 0.60 = 11013 units
= 12/2018 to 05/2019 (6 months)
= 11013 x 6 = 66078 units.
= 7579 + 4156 + 5386 + 7006 + 7045 +
= 35777 units
= 66078 – 35777 = 30301 units

Summing up all the above observations/discussion and keeping in view all the
aspects of the case in light of NEPRA Consumer Service Manual January-2021, as in the
clause 9.2.1, 9.2.2 and 9.2.3(C)(i & ii), this forum declares that the detection bill amounting
to Rs.1390366/- for cost of 73651 units for the period of 06/2018 to 05/2019 (12-billing
cycles) as null, void and without any legal effect and the consumer is not liable to pay the
same. The Respondents are directed to withdraw the same and charge the revised detection
bill for the cost of 30301 units for six billing cycles from 12/2018 to 05/2019. The
Respondents are also directed to over haul the complainant’s account by adjusting all
Credits, Debits, Deferred Amount & Payments already made by the consumer.

Disposed of in above terms.

Announced to-day on (ENGR: ZAFAR ABBAS)

23rd day of January, 2024. POI/ ELECTRIC ISNEPCTOR,
This decision consists of (04) pages FAISALABAD REGION, FAISALABAD.