Hamirpur: A Civil Court in Hamirpur has granted interim relief to a consumer in the ongoing smart meter dispute, directing the Himachal Pradesh State Electricity Board Limited (HPSEBL) to restore electricity supply to his shop within 10 days. The court observed, prima facie, that smart meter installation appears to be voluntary, and that electricity supply cannot be disconnected merely because a consumer refuses to install one.
The interim order was passed by Civil Judge (Court No. 3) Tina Malhotra while hearing a petition filed by Jaimal Singh, a shopkeeper from Lamblu in Hamirpur district. The court directed HPSEBL to restore power supply through the petitioner’s old electricity meter. The arrangement will remain in force until the final decision in the main civil suit.
According to the petition, the Electricity Board had issued a notice asking Jaimal Singh to install a smart meter, warning that his electricity connection would be disconnected if he declined. The petitioner alleged that despite the matter being pending before the court, the Board disconnected the electricity supply to his shop.
During the hearing, HPSEBL argued that under the state government’s policy and Section 55 of the Electricity Act, electricity must be supplied through a “correct” meter and that smart meters are part of the government’s metering policy.
The petitioner, however, argued that the government’s own clarifications describe smart meter installation as voluntary rather than mandatory. He contended that disconnecting electricity for refusing a smart meter has no legal basis and is contrary to the law.
After considering submissions from both sides, the court observed that the material placed on record and government clarifications, at this stage, indicate that the smart meter installation scheme is voluntary. On this basis, it held that the petitioner had established a prima facie case for interim relief.
The court ordered HPSEBL to restore electricity supply to the petitioner’s shop through the previously installed meter within 10 days. It also made it clear that the observations recorded in the interim order are only for deciding the temporary relief application and should not be treated as a final opinion on the merits of the case.
The main suit will now proceed separately, where the court will examine the legality of disconnecting electricity supply over refusal to install a smart meter. The interim order is likely to be closely watched as similar concerns regarding smart meter installations have been raised by consumers in different parts of Himachal Pradesh.
