CONSUMER GRIEVANCE REDRESSAL FORUM NORTHERN REGION, KOZHIKODE. (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.152/2018-19

PETITIONER :

Sri.Aswanikumar V.K,Devaragam, Ponniam West P.O, Paramkunnu,Kadirur, , District-670641.

RESPONDENTS :

1. Assistant Executive Engineer, Electrical Sub Division, Koothuparamba,-670643.

2. Assistant Engineer, Electrical Section, KSEB Ltd, Kadirur,Kannur District-670642. ORDER

Case of the Petitioner:-

The petitioner, Sri.Aswanikumar V.K,C(No.1166821016956) Kannur district, comes under the jurisdiction of Electrical section Kadirur, complaints about non shifting of pole number SS30 erected just in front of his house causing utmost hindrance/obstruction. The petitioner had submitted an application on 20.4.2015 to ES Kadirur for shifting the above said post remitting required fee as directed by the licensee. Though new post has been positioned the work was not carried out/undertaken stating indispensable difficulties. Further the complainant contacted the AE who had visited the site and suggested once the tree leaning towards the neighbor’s property is cut, cable can be drawn directly from pole No.SS29 to SS31 by avoiding SS30. However the work is yet to be completed. Reply to an RTI query about the status of the work is attached. The petitioner has become restless on the undue delay in completing the proposed work. Even after the elapse of solid 3 years the shifting work is yet to be completed/materialized which in fact causes a lot of troubles/inconvenience. Considering the facts and documentary evidences, the Forum is sought to look in to the gist of the complaint and issue a viable order in this regard.

Version by the Respondent:-

Version filed by the respondent in the above matter as per regulation 10(2) of State Regulatory Commission(CGRF and Electricity Ombudsman) Regulation-2005.

An application has been received on 20.4.2015 to AE,ES,Kadirur, from the petitioner, Sri.Aswani Kumar requesting shifting of an HT

2 electric pole located near to his house after remitting required fees. On inspecting the site an estimate amounting Rs6580/-(Rupees six thousand five hundred and eighty) has been prepared by the Sub Engineer and intimated to the applicant for payment. The applicant was agreed to carry out the labour work as per the part of estimate, using regular contractor of the ES,Kadirur under KSEBL supervision. He had remitted only Rs1967/-(Rupees one thousand nine hundred and sixty seven) towards material cost and Rs601/-(Rupees six hundred and one) towards supervision charge in ES Kadirur office on 19.10.2015. Hence the cost of labour and transportation amounting to Rs6012/-(Rupees Six thousand and twelve) shall be paid to the contractor directly upon completion of the job. Accordingly, the KSEBL supervising personnel and contractors staff went to the site for executing the work.

But the petitioner, Sri.Aswani Kumar changed his decision and proposed alternate route and the cost of doing the work has varied from original estimate, which necessitated the revision of estimate and consequent additional payment, Hence, the work was unable to execute and the team left the site after informing the fact to the applicant by KSEBL official. Later, he had filed an application as per RI act regarding the subject deposit work and all details as per office records has been provided to him. Subsequently, on 05.11.2018, he has applied for revision of the estimate as per his requirement for alternate proposal and the estimate revised to Rs35380/-(Rupees Thirty five thousand three hundred and eighty Only) accordingly and intimated to him. But he has not yet remitted the cost for the work.

It is respectfully submitted that, KSEBL, Electrical section Kadirur office can carry out the work required by the applicant subject to only the remittance of the cost of the work. KSEBL is awaiting the payment from the petitioner for executing the work on priority. It is

3 prayed that the Hon’ble CGRF may accept the above facts submitted by this respondent.

Discussion, analysis and findi ngs :-

The hearing of the case was convened on 14.3.2019 and both the petitioner and representative of the respondent was was present.

The complainant is aggrieved by the non shifting of one post located near to position of gate of his house even though payment effected by him excluding labor and transportation charges in 2015 itself based on estimate prepared by the licensee.

On perusal of the documents and also on hearing the parties, it is seen that the dispute arose at the time of execution of the work, based on an apprehension that the post shifting will cause clearance issue with the nearby building. The dispute led to identification of alternate route/estimate revision to the tune of Rs35380/-.The petitioner dissatisfied with the above revision, approached this Forum for favorable action. Even though the respondent stick on the revised proposal; during hearing the AEE,ES, Koothuparamba informed that he has personally inspected the site and shifting of the post 1m away from the entry position of the petitioner’s property is feasible with one new stay providing. Hence the Forum directs the respondent to proceed as such and the entire exercise shall be completed within a period of one month from the date of receipt ofthe order.

4 Scrutinizing the entire gamut of the issue the Forum appreciated the systematic arrangement of the licensee though bit delayed in execution of the shifting work. On the other hand, the petitioner has also played a role in the delay of above said work as some laxity was evident in addressing the bottleneck faced at the time of executing initial proposal,with responsible officials of KSEB Ltd. Thus the Forum is of the view that both parties are equally responsible for the lethargic attitude and hence the issue has been amicably settled.

DECISION:-

The petition is treated as closed.

Dated this the 25 th day of Mar, 2019

Sd/- Sd/- Sd/- Robin Peter Lekharani R. Beena Gopinath S. Member III Member II Chairperson Endt.on CGRF-NR/OP /152/2018-19 / 849/dated : 25- 3-2019 Forwarded to: 1) Sri Aswanikumar V.K, Devaragam, Ponniam West P.O, Paramkunnu, Kadirur,Thalassery,Kannur-670641. 2) The Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Koothuparamba, Kannur District. Copy submitted to: Chief Engineer (Distribution – ) , Kannur Copy to: 1. The Secretary, KSEB Ltd., Vydyuthibhavanam, . 2. Deputy Chief Engineer, Electrical Circle, Kannur. 3. The Executive Engineer, Electrical Division, Kannur. Forwarded 4. The Assistant Engineer, Electrical Section,Kadirur, Sd/- KSEB Ltd., Kannur District. Chairperson

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