| The appellant Shri. M.Muhammed Haji is a HT Consumer of the Licensee with Consumer No. HTB-16/1631 having contract demand of 70 KVA under the Electrical Section, Kozhikode Central. The HT connection was connected on 1987. Before getting said HT Connection, two LT Connections were availed by the appellant in the same building because of urgency. The building is a 5 story building in which the basement is partially rented for shops, Ground floor is car parking and reception, Second Floor is occupied by a Bank. Third floor is occupied by an Insurance company and Fourth floor and Fifth floor is for a Hotel. Five more LT Connections were also availed for this building out of which two LT Connection were dismantled. At present One HT Connection and Five LT Connections are existing.
On 11/08/2020, the appellant requested to reduce the contract demand of his HT Connection to 40 KVA. As the electrical wiring scheme was changed, the appellant was asked to obtain the Energisation Certificate from the Electrical Inspectorate. The Electrical Inspectorate on inspection, had directed the appellant to avail single point supply to his building which means the LT Connection are to be removed and HT Connection is to be retained. Petitioner was not interested for the same and filed petition to CGRF vide OP/051/2020-21 and then appeal to Kerala State Electricity Ombudsman which numbered as P/042/2020. The Ombudsman had issued order dtd 28/06/2021 stating the following:
1.Both Licensee and appellant jointly take steps to get approval of Electrical Inspectorate.
2.After getting the approval from the Electrical Inspectorate rectifying the defects of the metering system, appellant shall be given the benefit of lower contract demand.
3.The adjustment in the payment shall be done only after regularization of connections in the building and rectifying the defects of the system.
The appellant has not taken any action to obtain the Electrical Inspectorate approval stating that it is the responsibility of the Licensee. The wiring modification, etc are to be done by the Consumer and Scheme is to be submitted to the Inspectorate by the Consumer/Owner. The word jointly in the order is to carry out the responsibilities by the concerned parties which are to be executed as per the regulation. The necessary power distribution system modification of wiring if any and submission of details of Electrical Inspectorate etc are to be done by the Consumer. Without completing the responsibilities the appellant again and again approached various Judicial Fora to delay the actions.
The appellant again approached CGRF as OP/95/2022-23, and then OP/23/2024-25. Both these petitions were rejected and disposed off stating no merit in the case. The appellant has filed petition to the Kerala State Electricity Ombudsman as an appeal to the Order of CGRF dtd 13/08/2024 on OP/23/2024-25. It is also noted that the appellant had filed petition to Honourable High Court of Kerala as WP(C)/31751/2022. The prayer in the High Court of Kerala is for directing the respondent to comply with the Orders of State Electricity Ombudsman. The appellant also filed petition to KSERC for non compliance of Ombudsman's Order by the respondent which has been disposed off on 13/11/2023. The question is whether this petition is maintainable or not? as per the regulations. |
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2024-12-04 06:45:34 |
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P/059/2024, Sri. M. Mohammed Haji 