Calcutta, March 29: The consumer will now have a say on how much he pays for electricity.

In an interim order, Calcutta High Court today said the State Electricity Regulatory Commission (SERC) cannot unilaterally raise tariffs without hearing consumers, thus stopping a scheduled rate hike three days before it was to take effect.

The court directed the commission to take into account the view of every individual consumer who wants to give his opinion, before going ahead with the next tariff revision.

The commission said it would appeal against the or-der, passed by Justice Girish Gupta.

“Since the consumers pay the tariff, they should not be avoided when the tariff is being fixed,” the judge said.

“The citizens of the country have every right to take part in fixing of power tariff. The SERC will have to give a patient hearing before fixing the tariff because according to the Electricity Act, 2003, it is mandatory.”

The commission had been working since December last year on a new tariff structure for 2006-2007. The new rates were to be announced on March 31 and take effect from April 1.

“But now we cannot allow the power utilities to announce a tariff hike on March 31. We will appeal against the order,” said Pratik Dhar, the commission’s counsel.

The order came on a petition moved by a CESC consumer, Suresh Agarwal. His lawyer argued that in every “civilised” nation, consumers’ opinions are sought before fixing the power tariff.

“But here, the SERC does not bother to hear the opinion of the consumers before fixing the tariff. According to the Electricity Act, the SERC should (also) hear the consumers while hearing the power utility services,” the petitioner’s lawyer said.

Dhar, the commission’s counsel, countered that it was impossible for his client to hear all the consumers individually. “The representatives of consumers’ bodies have the right to give their suggestions while the power tariff is being fixed ? which they do,” he said.

Dhar also argued that before a tariff hike, advertisements are put out in newspapers, which also carry their own reports on the impending hike.

“Any consumer has the right to give their opinion in writing on the new tariffs,” Dhar said.

The court asked the commission to file an affidavit-in-opposition by three weeks. “The case will be heard after five weeks,” the judge said.

Consumer rights groups were happy. “We welcome the order as consumers are the ultimate beneficiaries,” said Mala Banerjee, president of the Federation of Consumers’ Associations, Bengal.

Power department officials said some power utilities were also considering an appeal. “Power utilities like the CESC and the SEB were expecting a tariff revision from April 1. But, today’s interim order has come as a setback,” an official said.