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CONSUMERS GRIEVANCES REDRESSAL FORUM PUNJAB STATEPOWER COPROPRATION LIMITED 220 KV S/Stn., Opp. Verka Milk Plant, FerozPur Road, Tel: 0161-297-1912, email: [email protected]

CASE NO.: CGL-019/2019

Date of Registration : 25.01.2019 Date of Closing : 11.02.2019 Date of Final Order : 18.02.2019

In the Matter of:

Rakesh Kumar S/o Roshan Lal, VPO Chiheru, , Distt . A/C No: J52GC5200028

Through:

Sh. Rakesh Kumar ...Petitioner

Versus

Punjab State Power Corporation Ltd

Through:

Additional Superintending Engineer, Op. Division, PSPCL, Phagwara. ...Respondent

1. BRIEF HISTORY

Petition no. CGL-019 of 2019, has been filed by the Petitioner, in this Forum as appeal against the decision of ZLDSC, North Zone , dated 05.12.2018. The Petitioner is having NRS connection, in the name of Sh. Rakesh Kumar bearing account no. J52-GC52-00028 having sanctioned load of 184.930 KW/185 KVA, running under PSPCL, Phagwara Division. The 11 KV CT/PT unit of the Petitioner gone defective and it was checked by ASE/MMTS-2 Jalandhar

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vide ECR no. 7/221 dated 15.09.2017. As per the report the Y Phase PT found bursted. ASE/MMTS-2, Jalandhar vide his memo no. 25 dated 27.06.2017 directed the concerned office to overhaul the account from 12.06.2017 to 28.10.2017 with 42% slowness factor. Respondent, vide memo no. 54 dt. 13.03.2018, issued notice to the Petitioner to deposit Rs.160917/- on account of overhauling of account. Against this notice, Petitioner filed his case in ZLDSC, Jalandhar ZLDSC North Zone Jalandhar, in its meeting held on 05.12.2018, decided the case as under: -

“Er. Suvrsha Sr. Xen/Tech DS Circle Jalandhar, presented the case before the committee. Sh. Daljeet Singh, Rep. of consumer attended the meeting. On scrutinizing the checking report of ASE/MMTS dated 15.09.2017 and his speaking order dated 08.01.2018, committee decided that amount charged to the consumer is correct and recoverable.”

Petitioner did not agree with the above decision of ZLDSC and filed his appeal case before CGRF Ludhiana. The Forum heard the case on 25.01.2019, 04.02.2019, and finally on 11.02.2019. The case was then closed for passing speaking order.

2. PROCEEDINGS: Proceedings dated 25.01.19 The petition has been placed before the Forum for admission. After considering the averments made in the petition, the petition is admitted. Notice be issued to ASE/Sr. Xen/ Op. Phagwara Division, Jalandhar (Respondent) along with copy of petition. Respondent shall submit four copies of the following record/documents before the Forum on the next Date of hearing: -

1. Respondent shall confirm that there is no case pending before any Court/Forum or any other authority between PSPCL and Petitioner. 2. Respondent to confirm the status of up to date payments of energy bills and also disputed amount deposited by the Petitioner as directed by the Forum. 3. History of the case specifying reasons of the dispute, disputed period and disputed amount. 4. Point-wise/para-wise reply to the petition. 5. Respondent shall also submit the following record/documents: a. Respondent is directed to check/verify the calculations of Notice issued by AEE/Chaheru issued on dtd. 13.03.18 amounting Rs.160917/- as

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submitted by the consumer in his petition and offer comment/submit correct calculations as per prevailing rules and regulations of PSPCL. b. Copy of ECR No. 7/221 dtd. 15.09.17 of MMTS-2, Jalandhar. c. Copy of DDL Report. d. Copy of Speaking order of ASE/MMTS/Jalandhar dtd. 08.01.18. e. Copy of ME Lab Report of CT/PT unit. f. Copy of decision of ZDSC dtd. 05.12.18. g. Regulations of Supply Code,2014 or any other relevant Rules/Regulations vide which the amount charged. h. Any other document pertaining to the case. To come up for hearing on 04.02.2019 at 11.00 AM.

Proceedings dated 04.02.2019: Representative of PSPCL submitted authority letter vide Memo No. 570 dated 04.02.19 duly signed by ASE/Op. Phagwara Divn. PSPCL and the same has been taken on record. Respondent submitted four copies of reply to the petition along-with the record/documents as directed by the Forum in its proceeding dated 25.01.2019 and the same has been taken on record. One copy thereof was handed over to the petitioner/PR. The case is adjourned to 11.02.2019 for oral discussion.

Proceedings dated 11.02.2019:

Petitioner/PR stated that the petition already submitted may be considered as oral discussion. Respondent stated that the reply to the petition already submitted may be considered as oral discussion. Both the parties have nothing more to say and submit. The case is closed for passing speaking orders.

3. FACTS OF THE CASE AND OBSERVATIONSOF THE FORUM:

i. The Petitioner is having NRS connection, in the name of Sh. Rakesh Kumar bearing account no. J52-GC52-00028 with sanctioned load of 184.930 KW/185 KVA, running under PSPCL, Phagwara Division. The 11 KV CT/PT unit of the

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Petitioner gone defective and it was checked by ASE/MMTS-2 Jalandhar vide ECR no. 7/221 dated 15.09.2017. As per the report, the Y Phase PT found bursted. ASE/MMTS-2 Jalandhar vide his memo no. 25 dated 27.06.2017 directed the concerned office to overhaul the account from 12.06.2017 to 28.10.2017 with 42% slowness factor. Respondent vide memo no. 54 dt. 13.03.2018, issued notice to the Petitioner to deposit Rs.160917/- on account of overhauling of account. Against this notice, Petitioner filed his case in ZLDSC. In its meeting held on 05.12.2018, ZLDSC North Zone Jalandhar decided the case as under: - “Er. Suvrsha Sr. Xen/Tech DS Circle Jalandhar, presented the case before the committee. Sh. Daljeet Singh, Rep. of consumer attended the meeting. On scrutinizing the checking report of ASE/MMTS dated 15.09.2017 and his speaking order dated 08.01.2018, committee decided that amount charged to the consumer is correct and recoverable.”

ii. The Petitioner in his petition, submitted that, his 11KV CT/PT unit got damaged and department charged him Rs. 160917/-. He challenged this amount in ZLDSC and requested to overhaul his account on average basis but ZLDSC did not decided the case in his favour. Therefore, he filed appeal in this Forum against decision of ZLDSC.

iii Respondent in his reply submitted that, the premises of the consumer was checked by ASE/MMTS-2, Jalandhar vide ECR no. 7/221 dated 15.09.2017, due to damage of the 11 KV CT/PT unit and reported that the Yellow phase PT has got bursted. He directed to overhaul the account up to the replacement of damaged CT/PT unit. CT/PT unit was replaced vide SJO no. 7/4717 dated 15.09.2017 on 16.09.2017. SDO/DS Chaheru, vide his memo no 212 dated 01.02.2018 written letter to AEE/Computer Cell Jalandhar to issue RBS of this account as per report of ASE/MMTS-2 Jalandhar vide memo no 3 dated 08.01.2018. Computer Service Center, Jalandhar asked ASE/MMTS-2 Jalandhar vide memo no. 191 dated 01.02.2018 that how account is to be overhauled. ASE/MMTS-2 Jalandhar vide his memo no 25 dated 27.06.2018, directed that account of the Petitioner be overhauled from 12.06.2017 to replacement CT/PT unit i.e. 28.10.2018 with slowness factor of 42%. Accordingly, Rs. 160917/- were charged and SDO/DS Chaheru issued notice no 54 dated 13.03.2018 to the Petitioner to deposit this amount but the Petitioner filed his case in ZLDSC

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by depositing 20% of disputed amount. ZLDSC decided the case on 05.12.2018 that amount charged to the Petitioner is correct and recoverable. SDO/DS Chaheru issued notice vide memo no 30 dated 23.01.2019 to the Petitioner to deposit the amount as per the decision of ZLDSC. Instead of depositing the amount Petitioner filed appeal in the CGRF Ludhiana.

v. Forum have gone through the written submissions made by the Petitioner in the Petition, written reply of the Respondent as well as oral arguments made by the Petitioner and Respondent along with the material brought on record. The issue requires adjudication in the present dispute is, to decide the legitimacy of amount of Rs. 160917/- charged to the Petitioner, on account of overhauling of a/c due to damage of CT/PT unit, as per report of ASE/MMTS-2, PSPCL Jalandhar.

iv Forum observed that, the premises of the consumer was checked by ASE/MMTS-2, Jalandhar vide ECR no. 7/221 dated 15.09.2017, due to damage of the 11 KV CT/PT unit and reported that the Yellow phase PT has got bursted. ASE/MMTS-2, Jalandhar vide his memo no. 25 dated 27.02.2018 written to AEE/CBC, Jalandhar as under: -

“…...as per DDL report Y phase got defective on 12.06.2017. it was also observed that current failure on two Phases i.e. on R phase from 24.06.2017 to 09.09.2017 for 76 Days and on B phase CT from 24.06.2017 to 09.09.2017 for 76 days and on Y Phase CT from 25.06.2017 to 13.09.2017 for 80 days, as PT of Y phase became defective on 12.06.2017, thus, non-contribution of Y phase CT does not matter. Thus, account of the consumer needs to be overhaul on these three accounts till the replacement of CT/PT units and amount so charged be intimated to this office. In continuation of memo no 3 dated 08.01.2018 it is intimated that due to non- contribution of Y phase PT and a drop of voltage on R and B phase PT’s effective the consumption on the account of minus (-) 42% slowness. Thus, by taking this slow ness factor overhaul the account of the consumer.”

Forum studied the DDL report supplied by the Respondent and observed that voltage of Y phase gone defective from 12.06.2017 and its contribution reduced to near 1 KV instead of near 6.5 KV.The Voltage of the R & B phases is near 5.5KV. Also, current failure of all the three Phases was not noticed as

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intimated by ASE/MMTS-2, Jalandhar. Justification of slowness factor of 42% has not been given by ASE/MMTS-2, Jalandhar in his letter. If there is current missing for all the three Phases for 76-80 days, then consumption would have been Zero during this period. Also, there was always some contribution of Y phase PT.

Forum also studied the consumption data supplied by the Respondent as under: -

Month KVAH Consumption 2015 2016 2017 2018 Jan 4088 3356 6840 9572 Feb 3328 3148 5412 6804 March 7636 4056 8248 7972 April 7260 7756 9788 12268 May 5940 6808 9848 15220 June 4496 7908 7908 12908 July 4784 8419 5488 15892 Aug 3988 6620 6360 16140 Sep 5508 10604 6104 15560 Oct 5444 12012 4924 15692 Nov 4504 9440 10808 11340 Dec 3840 8932 8904 7848

From the above, it can be concluded that, that slowness factor of 42% declared by ASE/MMTS-2, Jalandhar, is without any basis and is not justified. The meter of the Petitioner may be treated as defective during this period and account of the Petitioner be overhaul from June/2017 to Oct/2017 as per Reg. 21.5.2 of Supply Code-2014 as under: Regulation 21.5.2 of Supply Code dealing with Defective (other than inaccurate)/Dead Stop/Burnt/Stolen Meters is as under: -

“The accounts of a consumer shall be overhauled/billed for the period meter remained defective/dead stop and in case of burnt/stolen meter for the period of direct supply subject to maximum period of six months as per procedure given below: a) On the basis of energy consumption of corresponding period of previous year. b) In case the consumption of corresponding period of the previous year as referred in para (a) above is not available, the average monthly consumption of previous six (6) months during which the meter was functional, shall be adopted for overhauling of accounts. c) If neither the consumption of corresponding period of previous year

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(para-a) nor for the last six months (para-b) is available then average of the consumption for the period the meter worked correctly during the last 6 months shall be taken for overhauling the account of the consumer. d) Where the consumption for the previous months/period as referred in para (a) to para (c) is not available, the consumer shall be tentatively billed on the basis of consumption assessed as per para -4 of Annexure-8 and subsequently adjusted on the basis of actual consumption recorded in the corresponding period of the succeeding year. e) The energy consumption determined as per para (a) to (d) above shall be adjusted for the change of load/demand, if any, during the period of overhauling of accounts”.

Keeping in view of the above, Forum came to the unanimous conclusion that, the decision of ZLDSC, North Zone, Jalandhar taken in its meeting held on 05.12.2018 for charging of amount of Rs. 160917/- by enhancing the units by 42%, from July/2017 to Oct/2017, is not justified and liable to be quashed. The A/c of the Petitioner is required to be overhauled from June’2017 to Oct’2017 with the actual consumption of same period during previous year, as per Reg. 21.5.2 (a) of Supply Code-2014.

4. DECISION: Keeping in view the Petition, reply, oral discussion, after hearing both the parties, perusal of the record produced by them & observation of Forum, Forum decides that:

1. The decision of ZLDSC, North Zone, Jalandhar, taken in its meeting held on 05.12.2018, is set-aside. The account of the Petitioner be overhauled for the period June’2017 to Oct’2017, on the basis of energy consumption of corresponding period of previous year, as per Reg. 21.5.2 (a) of Supply Code-2014. 2. As required under Regulation 2.41 of the Punjab State Electricity Regulatory Commission (Forum & Ombudsman) Regulations, 2016 the compliance of this decision shall be made within 21 days from the date of receipt of this order. 3. If the Petitioner is not satisfied with the decision of CGRF, he is at liberty to file a representation before the Ombudsman appointed / designated by the Punjab State Electricity Regulatory Commission within 30 days from the date of receipt of the order of the Forum, as required under Regulation 2.49 read with Regulation 2.45 and 2.48 of the Punjab State Electricity Regulatory Commission (Forum & Ombudsman) Regulations, 2016.

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(CA Harpal Singh) (Er. Kuldeep Singh)(Er. Suresh K. Arora) Member (Finance) Member (Technical) Independent Member -cum- Chairperson Place: Ludhiana Date: 18.02.2019.

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