Consumer Grievance Redressal Forum Northern Region, Kozhikode

CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, KOZHIKODE. (Formed under section 42(5) of Electricity Act 2003.) Vydyuthibhavan, Gandhi Road, Kozhikode -673011 Telephone Number -0495 2367820 [email protected]

PRESENT

MEENA .S : CHAIRPERSON

E.R. SREELATHA SELVAM : MEMBER

K. K. KUNHIKRISHNAN : MEMBER

OP NO. 59/2016-17

PETITIONER :

1. Sri. Joyachan Joseph, Machianickal, Chittarikkal – P.o., Kasaragod.

RESPONDENTS :

1. The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Nileswar, Kasaragod District.

2. The Assistant Engineer, Electrical Section, KSEB Ltd., Nallompuzha, Kasaragod District.

ORDER

Case of the Petitioner:-

The petitioner is a consumer of electrical section Nallompuzha in Kasaragod district. He owns three electricity connections for the purpose of industry, cool bar and domestic usage. The complaint is raised against the electricity interruption and voltage fluctuations experienced in the area for the past one year.

It is alleged that the section is managed by a Sub Engineer as the post of Assistant Engineer is vacant and the complaints are attended by unskilled workers.

The details of power interruption data in the area from 15/06/2016 to 23/06/2016 during the time span of 6am to 7pm show that the people in the locality are constrained to live without power on an average of 20 hours per week (80 hours per month). The petitioner’s industrial unit suffered a loss of Rs. 50,000/- in a month and the cost of items perished in the freezer came to Rs. 30000/- per month. The total loss including the cost of electric/electronic gadgets destroyed comes to Rs.8,32,000/- in an year. The petitioner raised compensation for the amount mentioned and to initiate arrangements for maintaining uninterrupted supply with specified standard voltage level in the area.

Version by the Respondent:-

The major part of the Nallompuzha section comprises area under East Eleari, one of the highlands Gramapanchayath of Kasaragod District.

A small portion of west Eleari and Balal Gramapanchayath also comes under the jurisdiction of the section. It is alleged that the petitioner do not register even a single complaint about the interruption in the complaint register kept in the section office for the purpose. Distribution of electricity in the area is carried out through chittarikkal feeder from Cherupuzha substation. Back feeding from Rajagiri and Bheemanadi feeders is usually done whenever there occurs disturbance in the existing chittarikkal feeder. The licensee takes utmost care to maintain an interruption free supply in the area and the difficulties explained in the petition are general disturbances which are common during the rainy season.

The licensee produced the details of interruptions recorded for the period from 15-06-2016 to 23-06-2016 in the substation. The complaints received from consumers by post and those recorded in the complaint register are properly attended and rectified by the section staff of the licensee. The respondent prays to dismiss the petition on the basis of the averments submitted.

Rejoinder by the petitioner

The petitioner produced the details of power failure from September 2015 to June 2016 in respect of certain consumers in the area. As requested by the petitioner the Forum permitted Sri. M.J. John to submit his statement, supporting the argument of the petitioner in the next hearing. In the hearing on 14/12/2016, Sri. M.J. John presented the

interruption details recorded by him during the period from 02/06/2015 to 21/06/2016. Also the petitioner handed over the Forum the reply given by the BSNL authorities under Right to Information Act regarding the duration of power failure from June 2015 to June 2016.

Additional statement by the Respondent

The Respondent stated that though a proposal for installing a new transformer at Chattamalayil is sanctioned, the work could not be executed, due to the dispute in the proposed location of the transformer.

Moreover, action was initiated to construct a new 11KV feeder from Cherupuzha substation to Chittarikkal, the area of the petitioner. On completion of the above works, the interruption in that area will be reduced considerably.

The distribution network in electrical section, Nallompuzha comprising 78 Km 11KV line, 62 number of transformers, 375 Km LT line and 12200 numbers of service connections are in an uneven terrain, which causes difficulties for maintaining supply. However, earnest efforts are being taken to restore and maintain supply in the said area and supply restored within the stipulated time allowed in the standard of performance.

By submitting the photocopies of the complaint register for the above mentioned period it is argued that the petitioner did not take any effort to record his complaint in time. Copy of the LT interruption register is also produced before the Forum for examination.

Discussion, analysis and findings:-

Hearing of the case was convened on 09/09/2016, 08/11/2016 and 14/12/2016.

Having considered all the documents submitted and the deliberations during the hearing, the forum has come to the following conclusions leading to the decision;-

The main issue in the complaint is related to frequent power interruption and severe voltage fluctuation in the area. There is no hard and fast rule that the complaints shall be in written form. The licensee is duty bound to maintain an uninterrupted power supply with a stable voltage. Inadequate work force, unskilled labour and the geographical condition of the locality shall in no way affect the quality of electricity. In the hilly areas, like the area where the petitioner belongs, there are chances of disturbances in power distribution and necessary precautions need to be taken to provide uninterrupted power supply. On examination of the complaint register of the section it is seen that major complaints are related to fuse –off category and line short by snapping of lines . It is to be examined whether touching/clearing work is properly carrying out in the area. The regulation 4 of Kerala Electricity supply code 2014 stipulates that the licensee shall develop and maintain an efficient, coordinated and economical system in his area of supply. In the case of maintaining sufficient voltage level there exists clear directions in the code. The details are explained in regulation 7 of the code.

The Forum observed the following:

1) The petitioner had taken much pains to establish the gravity of Interruptions in his area. 2) The petitioner focused on the interruption during the month of June, the monsoon season. Generally, the rate of interruption/ number of complaints were comparatively high during monsoon season. 3) The petitioner alleges that his complaints were not recorded in the section office. The petitioner can use any means to register his fuse of call including ‘call centre’ facility provided by the licensee. Moreover, it is found that 320 complaints were registered in the section office by different methods by consumers from 15/06/2016 to 23/06/2016.

In the course of hearing, the petitioner admitted that the rate of interruption was considerably reduced due to the maintenance works carried out by the respondent, including clearing of touchings/ vegetations.

As the petitioner is satisfied with the actions taken by the respondents to strengthen as well as maintain the distribution network in the area, the Forum decided to treat the petition as closed.

As the Forum found that the complaints in the area were rectified within a reasonable time, compensation need not be ordered. .

Order:- 1) The petition is treated as closed. 2) Respondents shall be more vigilant in registering the complaints of consumers and rectifying the same as early as possible, in order to avoid such situations, in future.

Dated this the 30th day of January, 2017.

Sd/- Sd/- Sd/- E.R.SreelathaSelvam K.K.Kunhikrishnan Meena.S Member II Member III Chairperson.

Endt.on CGRF-NR/OP 59 /2016-17/ 951/15 - 02-2017 To Sri.Joyachan Joseph, Machiyanikkal (H), Chittarikkal – P.O., Kasaragod – 671326.

If the petitioner is not satisfied with the above order of this Forum, he is at liberty to prefer appeal before the State Electricity Ombudsman, Charangattu Bhavan, Building No.34/895, Mamangalam – Anchumana Road, Edappally, Kochi – 682 024 (Ph: 0484 2346488)within 30 days from the date of receipt of this order.

Copy Submitted to: Chief Engineer (Distribution North),Kozhikode. Copy to: 1. Deputy Chief Engineer, Electrical Circle, Kasaragod 2. The Executive Engineer, Electrical Division,Kanhangad. 3. The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Nileswar, Kasaragod Dt. . 4. The Assistant Engineer, Electrical Section, KSEB Ltd., Nallompuzha, Kasaragod Dt.