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

PRESENT

BEENA GOPINATH. S : CHAIRPERSON LEKHARANI R : MEMBER ROBIN PETER : MEMBER

OP NO.81/2020-21

PETITIONERS :-

1.Sri. Thekkumbadan Balakrishnan, Karuvachery, – P.O., District – 671 317. RESPONDENTS :-

1. Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Nileshwaram, .

2. Assistant Engineer, Electrical Section, KSEB Ltd., Nileshwaram, Kasaragod District

ORDER

Case of the Petitioner:-

Sri. Balakrishnan . T, a resident of Karuvachery, Nileshwaram, under Electrical Section, Nileshwaram, District complaints about the dangerous situation persisting in the premises due to the service wire which was drawn above the roof for effecting service connection to his neighbours. Earlier, he had submitted an application in the Section office for shifting this service wire. It has been directed from the section office to pay Rs. 18,980/- for the shifting work. He had filed a petition before the Hon’ble CGRF regarding this. According to the direction issued by the Chairperson, CGRF, he had withdrawn the complaint regarding the matter submitted before the District Collector, Kasaragod. Now, the Assistant Executive Engineer, Electrical Sub Division, Nileshwaram directed him to pay the amount necessary for shifting the service wire. The only residents in the house are he himself and his wife having age 67 and 64 respectively. As none of them is an earning member, there are no means to pay the amount. The house being built before many years needed to be repaired urgently, otherwise will get spoiled soon. So he had submitted a petition again before the Hon’ble Forum seeking a favorable resolution at the earliest.

Version by the respondent:-

The petitioner Sri. Thekkumbadan Balakrishnan had submitted an application for shifting the Weather Proof line before the Assistant Engineer, Electrical Section, Nileshwaram on 12/06/2020. On inspection, it

2 was found that the aforesaid service connection bearing consumer number 1537 was registered in the name of his father late Thekkumbadan Kottan. A Weather Proof line was seen over the roof of the extended portion of the house. It is also noticed that up to the post nearest to the house, the electric line is over head and the line above the roof of the newly extended part is Weather Proof. On enquiry, it revealed that this line has been drawn 20 years ago and that was for effecting electric connection to his relatives. The prevailing dangerous condition was the aftereffect of the modifications made to the house and for the same reason the responsibility vests with the present consumer. The fact has been explained to the petitioner and an estimate of Rs.18,693/- has been prepared. The consumer had been informed that the line would be shifted immediately after remitting the estimate amount. An intimation regarding the withdrawal of the petitioner’s complaint has been received from the Collectorate, Kasaragode.

In view of the above facts, it is humbly submitted that this Hon’ble Forum may be pleased to dispose of the OP.

Discussion, analysis and findings:-

The hearing of the case was conducted on 07/12/2020. Both the petitioner and the respondent attended hearing. Having considered all the documents submitted and deliberations during the hearing, the Forum has come to the following conclusions leading to the decision:-

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The claim of the petitioner herein is to shift the weather proof overhead line passing above his house which was drawn years before for giving service connection to his neigbours.

The petitioner has filed earlier a petition before the Forum on the same reason vide OP 32/2020-21 and the case was dismissed on the ground that the petitioner’s complaint on the same ground was pending before District Collector.

In the present complaint the petitioner states that he has withdrawn his complaint filed before District Collector.

According to the respondent the service wire under dispute is drawn between 2 posts and it is similar to OH line. For shifting the line to road one post installation is needed and the total cost for shifting the line comes to Rs.18,000/- which they state as required to be remitted by the petitioner.

The respondent reported that no other technically feasible way exists for shifting the line.

Regulation 95 of Electricity Supply Code 2014 deals with the procedure for shifting electric line. As per that and according to Kerala Electricity Amendment Code 2020 dated 21-01-2020 the applicant shall remit the material cost and labour charges for shifting the line.

This being the fact, the applicant cannot be compelled to remit the amount in this case, because the weather proof wire drawn as OH service line is a non standard method. Weather proof wire can only be used to give service connection from OH line to each consumer premises. Overhead line

4 should be drawn over road side and over pathway as far as possible, so that private property will not be affected.

In view of the above, it is proved that the licensee has to maintain their installation in standardized way for which dismantling of the weather proof service wire used as OH line has to be carried out. As feasible route exists through the road, the licensee can do the overhead service line construction using bare conductor through the road, outside the property of the petitioner.

In the above circumstances the respondent is directed to carry out the weather proof wire shifting work at their own expenditure. The work shall be completed within 3 months from the date of this order.

DECISION:-

1. The petition is allowed.

2. The respondent shall carry out the work as ordered.

Dated this the 31st day of December, 2020. Sd/- Sd/- Sd/- Robin Peter R.Lekha Rani Beena Gopinath.S Member Member Chairperson. Endt.on CGRF-NR/OP 81/2020-21/270 / 31 .12.2020. Forwarded to: 1) Sri. Thekkumbadan If the petitioner is not satisfied with the above order of this Balakrishnan, Forum, he is at liberty to prefer appeal before the State Karuvachery, , Electricity Ombudsman, Charangattu Bhavan Building No. Nileshwaram – P.O., Mamangalam- Anchumana Road, Edappally, Cochin – Kasaragod District. 682024 (Ph: 0484 2346488) within 30 days from date of receipt of this order.

2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Nileshwaram, Kasaragod District.

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Copy submitted to:- Chief Engineer (Distribution – ), Kannur Copy to:

1. The Secretary, KSEB Ltd., Vydyuthibhavanam, .

2. Deputy Chief Engineer, Electrical Circle, Kasaragod, Kasaragod District. 3. The Executive Engineer, Electrical Division, , KSEB Ltd, Kasaragod District Forwarded 4. The Assistant Engineer, Electrical Section, Nileshwaram, Sd/- KSEB Ltd, Kasragod District. Chairperson.

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