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

ROBIN PETER : MEMBER

OP NO.13/2020-21

PETITIONER :

Sri.Padmanabha B, S/o Sheenappa Poojary, Salethadka Mayyala House;Delampady P.O,-671 543.

RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, Cherkala,Chengala,-671541

2. Assistant Engineer, Electrical Section,Mulleria, Kasaragod District-671543 ORDER

Case of the Petitioner:-

The petitioner, Sri.Padmanabha, a resident of Delampady,Kasaragod comes under the jurisdiction of ES Mulleria whos is in possession of immovable property in RS No.163/2 of Delampady village, complaints that one Mr.Lingappa Poojary, S/o Ammu Poojary residing at Mayyala, Delampady has obtained electric connection clandestinely to a shed built by the petitioner himself. It is alleged to be with the collusion of electricity officials submitting forged document of RS.No.197/3. In fact he has no property in RS No.163/2 of Delampady Village at all. His house and property are situated in RS No.197/3 and RS No.196/5A of Delampady village which is about 3Km away from his property. It is not an agricultural land also but a dry land.

It is further submitted that above said Lingappa Poojari has colluded with KSEB officials especially the AE Mulleria and other officials. Electric connection was granted to his shed situated in his property by showing document relating to RS No.197/3 of Delampady village. He has not given any consent to KSEB to grant aforesaid electric connection. Sri.Lingappa Poojary is said to have influenced KSEB officials in effecting electric connection producing false documents.

It is therefore most humbly requested to inquire into the facts stated here in and there after to take necessary action against the corrupt KSEB officials who are responsible for giving them aforesaid electric connection and also against those KSEB officials who still continue the aforesaid electric connection in the interest of justice and equity.

2 Version by the Respondent:-

Based on the application of Sri. Lingappa Poojari service connection effected on 13-09-2013 to the building No.11/77 of the Delampady Grama Panchayath with consumer number 16228 of Electrical Section Mulleria. At the time of application he submitted ownership certificate number A3/4377/13 dated 02/09/2013 with Building No.II/77 and land tax receipt number 70191/7019080 dated 03/07/2013 of the Delampady village. As records application fee, cash deposit and ECSC charges are remitted on 07/09/2013. The consumer used energy uptp 21/06/2018. The consumption upto 21/06/2018 is only 480 units and after 21/06/2018 no consumption till date.

On 02/07/2020 a complaint received from Sri. Padmanabha.B regarding the service connection. The same complaint is submitted before then CGRF North. The premises on consumer number 16228 inspected on 04/07/2020 along with the Assistant Engineer, Electrical Section, Mulleria and found the building is not useful for residential purpose.

After the time of service connection the occupation of the Land was under Sri. Lingappa Poojari. Sri. Padmanabha.B and Lingappa Poojari are relatives and dispute with them regarding the property. There was a Civil case between them regarding ownership of the property. Before 15-06-2020

3 there was no complaint raised from Sri. Padmanabha.B regarding the service connection.

The service connection effected on verification of documents submitted by Sri. Lingappa Poojari, and the connection effected legaly as per rules at that time. There is a laps found from the side of KSEBL staff for effecting service connection and recommending for disciplinary action.

There fore it is humbly prayed that the petitioner may kindly be advised to remit the balance amount at the earliest.

Discussion, analysis and findi ngs :-

In the hearing held on 14.07.2020 both the petitioner and the respondent was present.

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 main point raised by the petitioner, Sri B.Padmanabha is that the KSEBL authorities have effected service connection to a shed existing in his property on the basis of application from another person Sri.Lingappa Poojari without verifying the location details/documentary proofs. The petitioner’s allegation is that the applicant Sri.Lingappa Poojari and KSEB officials created false records and allegedly took service connections to that building 2 times.

According to the respondent the service connection was effected on 13.9.2013 based on an application of Sri.Lingappa 4 poojari. After 21.6.2018 no energy consumption was recorded. On site inspection based on the complaint received from Sri.Padmanabha it is noted that the premise is not useful for residential purpose and the service is dismantled on 08.7.2020.

The respondent admits that there is lapse on the side of KSEBL staff in effecting the above service connection without properly verifying the documents and disciplinary action is initiating.

The CGRF has no power or jurisdiction to take disciplinary action against the staff of licensee who commits dereliction of duty during the course of his complaint.

In this case the petitioner’s allegation is against employees of licensee for dereliction of duty and hence the consumer has the liberty to approach the higher offices of the licensee.

As the petition is not found maintainable before the Forum it is dismissed.

DECISION:-

The petition is dismissed. Dated this the 23 rd day of Jul, 2020

Sd/- Sd/- Sd/-

Robin Peter Lekharani R. Beena Gopinath S. Member Member Chairperson

Endt.on CGRF-NR/OP /13/2020-21 / 88 dated : 23- 7-2020 Forwarded to: 1) Sri.Padmanabha B, S/o Sheenappa Poojary, Salethadka Mayyala House, Delampady, Delampady P.O, Kasargod-671543. 5 2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Cherkala, Kasargod District. Copy submitted to: Chief Engineer (Distribution –North Malabar ) , Kannur

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

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

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