THE EDITOR, Sir:BARELY A week ago, you printed in your columns the bitter complaint of a correspondent, Barbara Hew, regarding the robotic disconnection of her electricity supply by the Jamaica Public Service Company Limited for non-payment of her bill after the due date. The amount overdue was a bagatelle - $1,601.35 - and the disconnection effected without regard to the deposit in hand, imposed by the company under and by virtue of its published Standard Terms and Conditions of Electrical Service. The story published February 3, headlined "Mandeville residents chide JPS for weekend disconnections" is further evidence that the robotic virus has, in fact, attained epidemic proportions.
I quote from the above-mentioned terms and conditions as follows:
DEPOSITS
The company may require a deposit or suitable guarantee to assure prompt payment of bills as they mature, equivalent to an estimated 60 days' bill of $600 for residential customers and an estimated 90 days' bill with a maximum of $1,000 for commercial customers, and may at any time and from time to time require such deposit or guarantee to be increased to such amount and in such manner as the company may determine ..."
In essence, the company is normally seized of a deposit by way of security against a customer's default over a period of 60 days and is at liberty to appropriate the sum so deposited in satisfaction of the debt. This allows for a grace period for delays arising from the inescapable vicissitudes of life.
DISCONTINUANCE OF SERVICE
The discontinuance of service is likewise spelt out in said terms and conditions. I quote as follows:
"The company may discontinue its service to the consumer for any of the following reasons":
(a) For non-payment on due date of bills for electric service. In this case, if the consumer has a deposit with the company as a guarantee of payment of bills, the amount of the deposit plus accrued interest may be applied to the payment of bills for service then due and the remainder, if any, returned to the consumer. The application of such deposit and interest shall not affect the company's legal right to collect unpaid balances by available legal methods".
SETTLED LAW
Granted that the company is vested with the power to disconnect service for non-payment, I contend that it is settled law that express powers so granted by the State must be exercised bona fide in a reasonable course of dealing. The questions must be asked:
1. Is it reasonable in the course of dealing to terminate the service for non-payment after the due date whilst holding a deposit from the consumer by way of security expressly for the eventuality?
2. Moreso, is it reasonable to terminate the service on weekends in the above-stated circumstances? I think not.
The terms and conditions of service were obviously designed for a kinder, gentler course of dealing between company and consumer. As it is, we have in place the ugly American waging a wilful, woeful, wanton exercise of power without regard to the limitations imposed by the common law and the norms of a civilised society.
I call upon the Office of Utilities Regulations, pursuant to the authority vested in it under and by virtue of the All-Island Electricity Licence, 2001, to initiate immediate action to modify the existing terms and conditions as the minister may deem expedient to protect the consumer against the wanton abuse of power by the company.
I am, etc.,
G.A. BROWN
Attorney-at-law
6 Wagner Avenue, Kingston 8
