The High Court on Monday directed the six power distribution bodies of the government to adjust the 'fake' electric bills prepared for the month of February to June this year with the new bills based on actual meter reading for each consumer.
The six bodies are Bangladesh Power Development Board, Bangladesh Rural Electrification Board, Dhaka Power Distribution Company Limited (DPDC), Dhaka Electric Supply Company Limited (DESCO), West Zone Power Distribution Company Limited (WZPDCL) and Northern Electricity Supply Company Limited (NESCO).
Representatives of these organisations have been asked to comply with the direction and to submit separate reports in the High Court within two months.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim passed the order after hearing a writ petition filed by Consumer Association of Bangladesh (CAB) represented by its Convener Architect Mubassher Hossain on October 05 this year.
Barrister Jyotirmoy Barua appeared in the court on behalf of the writ petitioner, while Deputy Attorney general Nowroz Mohammad Russel Chowdhury represented the state.
The High Court also issued a rule in this regard asking the respondents as to why the inaction of the Bangladesh Energy Regulatory Commission (BERC) in not taking any punitive action under Section 43 of the BERC Act, 2003 against the responsible persons of the licensee bodies for violating BERC order for fixing tariff of electricity should not be declared illegal.
The court also wanted to know in the rule as to why the BERC should not be directed to take punitive action under Section 43 of the BERC Act, 2003 against the responsible persons of the licensee bodies for their willful violation of the BERC order.
Section 43 of the BERC Act, 2003 said, "If any licensee or a person, without a valid reason, refuses or fails to abide by any order or directive given by the Commission under this Act, then- (a) the Commission may impose upon such person administrative fines prescribed by regulation and such fines shall be liable to be realised as Government dues."
Other part of the Section said, "(b) it will be treated as an offence and for such offence the said person shall be liable to be sentenced with imprisonment for a term not exceeding 3 (three) months or with fine not less than Taka 2,000 (two thousand) or with both; and in case of continuation of the offence he shall be liable to be fined with an amount not exceeding Taka 500 (five hundred) for each day."
Barrister Jyotirmoy Barua said that the BERC didn't take any punitive action against the licensee bodies or any official of those bodies till now though they violated the rule willfully. And that is why we filed the writ petition challenging the inaction of the BERC.
CAB on May 24, 2020 made a formal complaint to the BERC regarding collection of excessive bills from the consumers by the authorities during Covid-19 pandemic period. Later on August 23 this year CAB sent a legal notice to stop collection of 'fake' arrear electricity bills from the consumers.
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