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

PRESENT

MEENA. S : CHAIRPERSON

ROBIN PETER : MEMBER III

OP NO.112/2017-18

PETITIONER :

1. Sri.Mohanan P C, Unnathoor meethal, Tribal Colony,Avitanallur PO, Kozhikode.

RESPONDENTS :

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

2. The Assistant Engineer, Electrical Section, KSEB Ltd., Koottalida , Kozhikode District.

ORDER

Case of the Petitioner:-

The petitioner is a consumer under Electrical Section, Koottalida (Kozhikode District). The petition is against the non removal of stay wire which becomes an obstacle to the proposed construction of a cycle shed, adjacent to the house of the petitioner. When requested the licensee to change the pole with stay, petitioner was asked to pay a huge sum as surcharge. The petitioner was nonplussed at this juncture and expressed his inability to pay the demand as it is unaffordable to him with his meagre income and also being a tribal candidate. Therefore the aggrieved petitioner approached the Forum to review the matter at the earliest.

Version by the Respondent:-

The licensee stated that the petitioner who is under the jurisdiction of Electrical section Koottalida paid Rs 100/- as application fee and Rs 200/- as inspection fee on 19.9.2017 bearing the receipt numbers as 101068 and 101069 respectively. Considering his request, the site was inspected by the staff of Electrical section Koottalida on 19.9.2017 itself and found that both the stay wire and the pole are to be shifted.

Accordingly the petitioner was informed and a suitable location was found to shift the pole and stay. Hence an estimate for Rs 4610/- was prepared for the labour charges and materials cost. But, the petitioner

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agreed to pay the required labour charges by himself. Thus, the estimate amount was reduced to Rs 1236/- for material cost and supervision charges which was remitted by the petitioner on that day itself. Consequently the above work was completed on 22.9.2017. There were no more complaints in this connection from the part of the petitioner.

Discussion, analysis and findings:-

Hearing of the case was convened on 13.10.2017 & 28/10/2017 but the petitioner was not present on both occasions. Anyway, the request of the petitioner to remove the stay and pole was considered and the said work had been completed, having been remitted the required amount. Hence the petitioner was satisfied with the timely action of the licensee.

The request of the petitioner before the Forum is to review the amount remitted by him for shifting a PSC pole with stay within his property, for which he remitted Rs 1236/-towards shifting charges. Moreover, he paid the required labour charges direct to the labourers as the Respondent allowed his request for the same.

The Forum reviewed the subject and found that the amount Rs 1236/- is comprising of material cost, supervision charges and GST towards supervision charges and labour charges.

Hence Forum is of the view that reconsideration of the GST amount collected for labour charges is required, whether it is in order or not.

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DECISION:-

The Respondent shall reconsider the GST amount collected for labour

charges whether it is in order or not, and if not, the Respondent shall

refund the amount collected in excess to the petitioner.

Dated this the 29th day of December, 2017. Sd/- Sd/- RobinPeter Meena.S Member III Chairperson.

Endt.on CGRF-NR/OP 112/2017-18/ 709 / 30 - 12-2017

1) Sri. Mohanan P C, If the petitioner is not satisfied with the above order of Unnathoor Meethal, this Forum, he is at liberty to prefer appeal before the Tribal Colony, State Electricity Ombudsman, Charangattu Bhavan Avitanallur P. O , No .34/895, Mamangalam-Anchumana Building, Kozhikode -682024 (Ph: 04842346488) within 30 days from

the date of receipt of this order. 2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Balussery,Kozhikode District. Copy submitted to: Chief Engineer (Distribution –North)Kozhikode Copy to: 1. The Secretary,KSEB Ltd., Vydyuthibhavanam, . 2. Deputy Chief Engineer, Electrical Circle, Kozhikode 3. The Executive Engineer, Electrical Division, Balussery. 4. The Assistant Engineer, Electrical Section, Koottalida, KSEB Ltd., Kozhikode District. Forwarded

Sd/- Chairperson 4