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

BEENA GOPINATH. S : CHAIRPERSON

LEKHA RANI.R. : MEMBER II

ROBIN PETER : MEMBER III

OP NO.82/2018-19

PETITIONER :

Sri.Gopalakrishnan. K,Thazhekorkuzhakkattil House, P.O.Chevayur, Kozhikode-673017

RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, ,Kozhikode District- 673585.

2. Assistant Engineer, Electrical Section, KSEB Ltd, Naduvannur, Kozhikode District- 673614 ORDER

Case of the Petitioner:-

The petitioner, Sri. Gopalakrishnan K,Chevayur, Kozhikode district, comes under the jurisdiction of Electrical section Naduvannur, bearing the consumer No. 1166180031220, complaints that a shed No.11 allotted to him at Kozhikode District Mini Industrial Estate Naduvannur is not provided with electricity. The petitioner had submitted all essential documents for effecting the connection. Examining the documents the licensee intimated on 31.7.2018 that supply can not be given. Filled with resentment and anguish, he was shocked at the flat denial without legitimate reasons. The petitioner, a Gulf returnee,having lost his job there, is intended to begin a small scale industry in his home town so as to meet both ends, but the electricity department becomes an impediment, it is alleged vehemently. The disheartened petitioner seeks the intervention of the Forum to solve the issue amicably at the earliest.

Version by the Respondent:-

1. As per the complaint received from the petitioner it is reported that the petitioner Sri. Gopalakrishnan has applied for a three phase connection on 31-7-2018 to the shed no.11 of Mini Industrial Estate Naduvannur. But on field verification it was understood that there is an existing single phase electric connection to the shed no.11 in the name of KADCO with consumer no.1166180031220. The shed is in closed condition for the last few months and the current charge of this consumer is due for the last 4 months. Connection of a defaulted consumer can be dismantled only after a defaulted period of six months. District Mini Industries Co-operative Society has requested Assistant Engineer Electrical Section Naduvannur to shift the electric connection to the shed no.11 from the existing consumer KADCO to the new allottee Sri. K. Gopalakrishnan.

2. Assistant Engineer, Electrical Section Naduvannur has informed the Regional Officer KADCO, Kozhikode through the letter dated 07-08-2018 regarding the letter of District Mini Industries Co-Operative Society and requested him to take necessary step for the dismantling of the above connection so as to give the electric connection to shed No.11 in the name of the new applicant Sri. Gopalakrishnan. But in response to th above letter, the Managing Director, KADCO in his letter dated 14-08-2018 has requested Assistant Engineer, Electrical Section Naduvannur not to dismantle the electric connection to shed No.11 that they are taking steps to restart their firm at shed no.11 shortly.

3. Assistant Engineer, Electrical Section Naduvannur replied in his letter dated 18-08-2018 to the Managing Director, KADCO, Thiruvananthapuram that the payment of electricity charge of their above connection is due for the last 4 months and more over Sri. Gopalakrishnan has produced the copy of the documents issued by Kozhikode District Mini Industrial Estate Co-operative Society stating that the said shed no.11 had been allotted to Sri. Gopalakrishnan and hence to produce the legal heirship of KADCO on the building within 7 days of the receipt of the above letter.

Hence it is humbly prayed to the Hon’ble Forum to dismiss the original petition.

Discussion, analysis and findi ngs :-

Hearing was convened on 27.9.2018.

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 issue is in connection with non effecting electric supply to the shed No.11 under the control/management of Artisans Development Corporation(KADCO). The General Manager, District Industrial Centre, Kozhikode as per Order No.C3/603/2018 dated 21.3.2018 decided to takeover the sheds bearing Nos.11,12 and 13 occupied by KADCO for not remitting the long pending dues. Consequently, the Managing Director, Kozhikode District Mini Industrial Estate Co operative Society Ltd. has directed to take over the sheds. The supply was cut for want of arrears for the last four months. On field survey it was revealed that the shed was earlier provided with a single phase connection and not in operation for the last few months. When the petitioner approached the licensee for 3 phase connection it was flatly denied on the ground that arrears are found pending against the consumer number allotted to the petitioner.

In the meantime, the Managing Director,KADCO in his letter dated 14.8.2018 has requested Assistant Engineer, ES Naduvannur not to dismantle the electric connection to shed No.11 as steps are being taken to restart the firm at shed No.11 in the very near future.

The licensee is of the view that the previous user/entrepreneur is liable to pay the electricity bill for the last 4 months. The revenue loss can not be compromised at any cost. Of late, it has come to the notice of the licensee that the above said shed No.11 has been allotted to another party without clearing the dues. Instead the petitioner was instructed to produce the legal heir ship certificate, issued by Kozhikode District Mini Industrial Estate Co.operative Society, stating that the shed No.11 has been allotted to Sri.Gopalakrishnan.

One of the options left with the licensee in this case is to wait for the completion of 06 months and to dismantle the connection in the name of KADCO if the consumer still refrains from the payment as per Regulation 144 of Kerala Electricity Supply Code. But this seems to be improper as the licensee have to provide the electric connection within 30 days on receipt of application for a new connection as per Kerala Electricity Supply Code 2014. As per proceedings dated 21.3.2015 of Deputy Registrar, Kozhikode District Industries Center and proceedings dated 17.4.2018 of Managing Director of Kozhikode District Industries Co operative Society, the legal possession of shed No.11 vest with Sri.Gopalakrishnan. Hence It is not possible to continue electric connection to KADCO as the said firm is evicted from the shed No.11 unless any documentary proof is produced by them.

This petitioner is a gulf returnee and he has invested the whole money for starting a small scale industry for making a livelihood. More over he is in a state of penury. Therefore no justification in denying the basic amenity to start/commence his desirous project. Hence the Forum decided to provide three phase electric connection to the petitioner after realizing arrears as per Regulation 40 of Kerala Electricity Supply Code 2014.

DECISION:-

The petition is allowed. The licensee is directed to effect connection as per the conditions stipulated above.

Dated this the 05 th day of Oct, 2018

Sd/- Sd/- Sd/- Robin Peter Lekha Rani.R Beena Gopinath. S

Member III Member II Chairperson. Endt.on CGRF-NR/OP 82/2018-19 / 490 dtd : 05 /10/2018

Forwarded to: If the petitioner is not satisfied with the above order of 1) Sri.Gopalakrishnan, this Forum, she is at liberty to prefer appeal before Thazhekorkuzhakkattil , State Electricity Ombudsman, Charangattu Bhavan Saw Mill,Kodiyura P.O, Building No.34/895,Mamangalam,Anchumana Road, Vanimel, Edapally,Kochi-682024 (Ph: 04842346488) Kozhikode-673506. within 30 days from the date of receipt of this order.

2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Perambra Kozhikode District-673508.

Copy submitted to: Chief Engineer (Distribution –North) Kozhikode.

Copy to: 1. The Secretary, KSEB Ltd., Vydyuthibhavanam, Thiruvananthapuram.

2. Deputy Chief Engineer, Electrical Circle, Vadakara. 3. The Executive Engineer, Electrical Division, . Forwarded 4. The Assistant Engineer, Electrical Section, Naduvannur, Sd/- KSEB Ltd., Kozhikode District. Chairperson