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CONSUMER GRIEVANCE REDRESSAL FORUM CENTRAL REGION (Formed under Section 42(5) of the Electricity Act 2003) 220 kV Substation Compound, HMTColony P.O. Kalamasery, Pin – 683 503 Phone No. 0484-2556500 Website : cgrf.kseb.in, Email : [email protected], CUG No. 9496008719

Present (1) Shri. Lorance. K.M Chairperson (2) Smt. B. Soudamini Member (3) Shri. Jefrin Manuel Member

Petitioner Smt.Vijayamma.C.N, Chirayilthundiyil, Kozhuvallur P.O., Kodukulanji,Karodu. ,.

Respondent 1) The Asst. Exe. Engineer, Electrical Sub Division,

2) The Assistant Engineer, Electrical Section, Kollakadavu ======No.CGRF-CR/Comp. 26/2016-17 Date: 8/9/2016

O R D E R Background of the case: The petitioner, is having landed property under the jurisdictional area of Ele. Section, Kollakadavu. Petitioner was not in this area for about 30 years and was residing at Bombay. During her visit to the said property recently, she observed an electrical line passing through this property so that construction of a house is impossible in it. Even though she had lodged complaint to the Executive Engineer, Ele. Division, Chengannur, no action was taken. Aggrieved by this, the Petitioner approached this Forum.

Subsequently statement facts was called for from the respondents on 21/06/2016 and received the same on 23/07/2016. The Forum afforded an opportunity to hear the Petitioner and Respondent on 30/08/2016. Both the Petitioner and respondent were present in the hearing. 2

Analysis and Findings

Having examined the petition in detail, and the statement of facts of the respondent, considering all the facts and circumstances in detail, and perusing all the documents of both sides, the Forum comes to the following observations, conclusions and decisions thereof.

Petitioner submitted that this landed property is only available for her to construct a house. She requested the Forum to re-route the electric line crossing her property. This was erected by the Respondents without the consent of the Petitioner.

The Respondents submitted that the disputed line was drawn 6 years back for giving HT connection to St. Thomas Engineering College. Since there was a tower line crossing, it was proposed to lay UG cable under the crossing portion. A DP structure was erected for rising portion of the UG cable. The said line was constructed through a Panchayath Road about 6 ft wide which was not demarcated. There was no fencing or boundary to her property when the said UG cable was laid through the road. A complaint had been received on behalf of Smt. Vijayamma to shift the 11 kV line from the property of the Petitioner. Recently, a fencing was found provided for the property of the Petitioner placing the DP structure within this property.

On examining the case in detail, Forum observed that the Respondents have not proceeded as per Regulation 95 of the Supply Code 2014 which is reproduced hereunder.

“95. Procedure for shifting electric line or electrical plant of the licensee.- (1) The owner of the land or his successor in interest who has given right of way for the construction of an existing electric line or electrical plant over, under, along, across, in or upon the said land, may apply for shifting the electric line or electrical plant to any other portion of his land for genuine purposes. (2) The application for shifting the electric line or electrical plant shall be submitted in the local office of the licensee. 3

(3) On receipt of the application the licensee shall inspect the site and assess the technical feasibility of the proposed shifting. (4) The application for shifting an electric line or electrical plant shall be granted only if:- (a) the proposed shifting is technically feasible; and (b) the owner of the land or his successor in interest gives consent in writing to shift the electric line or electrical plant to any other portion of his land or to any other land owned by him; or any alternate right of way along any public path way available for shifting the electric line and the electrical plant; and (c) the applicant remits the labour charges required for shifting the electric line or electrical plant. (5) The licensee shall shift the electric line or electrical plant if the conditions specified in subregulation (4) are complied with by the applicant”.

Forum is of the opinion that Respondents are bound to act as per the above regulations and prepare the required estimate and inform the Petitioner.

DECISION:

Respondents are directed to proceed as Regulation 95 of the Supply Code within the timelines specified.

The petition is disposed as above

Dated this 8th day of September 2016.

1) Sri. Lorance. K.M Sd/- (CHAIRPERSON)

2) Smt. B. Soudamini Sd/- 2nd member

3) Sri. Jefrin Manuel Sd/- 3rd member

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Endt. On CGRF-CR/Comp. 26/16-17

Smt.Vijayamma.C.N, Chirayilthundiyil, Kozhuvallur P.O., Kodukulanji,Karodu. Venmony,Chengannur.

Copy Submitted to: The Chief Engineer, Distribution Central, KSEB, Gandhi Square, DH Road, -16.

Copy to: - (1) The Deputy Chief Engineer, Electrical Circle, KSEBL, (2) The Executive Engineer, Electrical Division, KSEBL, Chengannur (3) The Asst. Exe. Engineer, ESD, KSEBL, Kollakadavu (4) The Asst. Engineer, Ele. Section, Kollakadavu