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BEFORE THE PROVINCIAL OFFICE OF INSPECTION/ELECTRIC INSPECTOR

GOVERNMENT OF THE PUNJAB, FAISALABAD REGION, FAISALABAD.

In re: Mr. Muhammad Aqeel S/o Muhammad Iqbal caste Arrian R/o Samndri Road Street
No.1/3, Mohallah Murad Colony Faisalabad Consumer A/C No. 27-13211-
6135400, Tariff 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, Samanabad 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 complainant filed the case before this forum through
counsel Mirza Muhammad Ijaz Advocate on 15.10.2019 under Sections 38 of
Regulation of Generation, Transmission & Distribution of Electric Power Act 1997.
The complainant challenged the detection bill amount Rs.1225462/- for the cost of
64745 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 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 was accepted and complaint/case was adjourned sine-die on
01.01.2020 till the decision of criminal case of FIR No.484/19 dated 29.05.2019. Both
the parties were granted liberty to approach this forum after decision of the criminal
case.
(2) The counsel for complainant again approached this forum on 15.09.2023 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
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conviction of the accused and directed that the report U/s 173of 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 04.10.2023 alongwith
Para-wise written reply and all other relevant record. None of the respondents attended
the forum on the above fixed date and the case adjourned to 18.10.2023. On 15.11.2023
Mr. Waqar Khan, SDO (OP) FESCO Samanabad Sub-Division, Faisalabad attended
this forum and submitted written reply through his counsel Mr. Mahmood Inayat Bajwa
Advocate on behalf of FESCO/Respondents wherein it was stated that the
complainant’s energy meter had been checked on 29.05.2019 when 18 KW load had
been observed through KW meter while there was only 11KW running load on energy
meter display. The meter was found to be suspicious so it was paper sealed after taken
off and 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. Upon which F.I.R
484/19 was filled against the complainant on electricity theft in Samanabad Police
station and a notice of detection bill was sent to complainant but he did not pay any
heed on it. A detection bill for cost of 59927 units was issued to complainant whom
payment is still pending.
(3) Both the parties were offered full opportunity of being heard and to adduce arguments.
Mr. Waqar Khan, SDO(OP) FESCO Samanabad Sub-Division, Faisalabad alongwith
Mr. Mahmood Inayat Bajwa Advocate counsel for Respondents/FESCO attended this
Forum on 15.11.2023 on behalf of Respondents/FESCO and adduced arguments. Mirza
Muhammad Ijaz Advocate counsel for complainant alongwith complainant Mr.
Muhammad Aqeel also attended this forum and advanced arguments. Arguments were
heard and all the record available in the file minutely perused. My
observations/findings are as under:
i. The complainant’s electricity meter has been checked on 28.05.2019 wherein
18KW load has been observed through KW meter while there was only 11KW
running load on energy meter display and the meter sent to M&T Lab for detailed
checking.
ii. 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 = 07/2018 to 05/2019 (11-Months)
Assessment of charging D-Bill = 25.142 x 730 x 0.60
= 11012 x 11 = 121132 units
Total Units KWH Assessed = 121132 units.
Units already charged = 56387 units
Net Units KWH to be charged = 64745 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 i.e.
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(9.2.1) & (9.2.2) of the NEPRA 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 = 70 % (As per Annexure-V of NEPRA CSM 2021)

Monthly Consumption Assessed = 25.142 x 730 x 0.70 = 12848 units
Period of Detection bill = 12/2018 to 05/2019 (6 months)
Total Units Assessed = 12848 x 6 = 77088 units.
Units already charged = 7838 + 3892 + 7508 + 4206 + 6639 + 4570
= 34653 units
Difference of Units chargeable = 77088 – 34653 = 42435 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 the charging of detection bill
amounting to Rs.1225462/- for cost of 64745 units for the period of 07/2018 to 05/2019 (11-
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 42435 units for six billing cycles from 12/2018 to 05/2019 (6
months). 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)

24th day of January, 2024. POI/ ELECTRIC ISNEPCTOR,
This decision consists of (04) pages FAISALABAD REGION, FAISALABAD.