Neilan has sued the company for $182m.

According to the attorney, the ICC ordered the energy company to commence smart meter installation by the third quarter of 2012, but the company failed to obey the order.

ComEd agreed to install smart meters, upgrade its grid, and improve the system reliability at all of its customers’ homes and business and filed for rate increase of $1.91bn with the ICC in 2011.

ICC reduced the amount for the upgrades to $168m and ComEd ignored the order to deploy the meters and has delayed the installation until 2015.

Attorney Paul G Neilan was quoted by the Chicago Tribune as saying that the utility has pulled off the biggest bait-and-switch in the state’s history.

"No one will so much as see a smart meter until 2015," Neilan added.

As per the original plan, the utility was to install 500,000 new smart meters on Chicago’s South and West sides by 2013.

Neiland argues that if the smart meters were installed as per the original plan, it would have provided the customers with $182m in savings and other benefits.

ComEd customers have already started paying for the smart meters, which are yet to be installed.