The petitioner had alleged breach of provisions of the Delhi Electricity Supply Code and Performance Standards Regulations, 2007 which were duly found by the Commission.
Acting on a petition filed by the director of AK Mehta and Company, Delhi's power regulator Delhi Electricity Regulatory Commission (DERC) imposed the penalty on BSES Rajdhani Power Limited (BRPL) of Rs 20,000 for violating the rules in a 10-year-old case of power theft. The petitioner had alleged breach of provisions of the Delhi Electricity Supply Code and Performance Standards Regulations, 2007 which were duly found by the Commission.
In its order on June 14, the Commission said, "For violation of Regulations 52 (viii) and 53(ii) the Commission imposes penalty of Rs 20,00, Rs 10,000 for each violation, to be paid within 30 days of the order," According to the Regulation 52 (viii), in case of suspected theft of power, the authorised officer will remove the old meter under a seizure memo and seal it in the presence of the consumer or his representative.
A letter dated December 10, 2008, by BRPL informed the petitioner that one of his a power meter was sent to National Accreditation Board for Testing and Calibration Laboratories (NABL) corresponding to a case of Dishonest Abstraction of Energy (DAE). "The respondent failed to produce evidence of seizure memo of the date of removal of the meter. The meter was removed on December 10, 2008. Hence, the respondent violated the Regulations 52 (viii) of Delhi Electricity Supply Code and Performance Standards Regulations, 2007," the order stated.
In an infringement of Regulation 53 (ii), it was observed personal hearing was held on October 06, 2009 and the speaking order was issued on December 4, 2009 -after one month and 28 days from the date of personal hearing. The regulation says after the personal hearing, the licensee (discom) will pass within three days, a speaking order as to whether the case of theft is established or not.
In its defence, the respondent insisted that the lag was caused by the necessity to verify records submitted by the consumer. It further articulated that the provision of passing a speaking order within three days is the only directory and not mandatory in nature. However, DERC observed the omission as a violation.
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