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

Present (1) Smt.Annie Job. E.J Chairperson (2) Smt. Mini Francis 2nd Member (3) Sri. Jefrin Manuel 3rd Member

Petitioner Sri. Jacob Mathew, Vadakkel House, Vadakode P.O., , Pin – 682 021

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

2) The Asst. Engineer, Electrical Section, KSEBL, ======No.CGRF-CR/OP No.02/2021-22 Date: 30-06-2021.

O R D E R Background of the case: The petitioner, Sri.Jacob Mathew, Vadakkel (H), Vadakode P.O., Kangarappady, – 682021, is a consumer under the jurisdiction of Electrical Section, Thevakkal with Consumer No.1155587014332. The petitioner states that on 09-12-2020, he visited his property at Toll, Ernakulam and saw a new electric “A Pole” post being erected in front of the pathway of his property. On enquiry, it was known that the electric post was erected by the officials of Electrical Section, Thevakkal and thus contacted the Assistant Engineer, Senior Superintendent and other staff of that office and orally informed his complaint; but the officials did not rectify the complaint. Thus the petitioner filed a complaint to the Assistant Engineer, Electrical Section, Thevakkal on 11-12-2020 vide Receipt No.2155582000916 and has not 2 yet received any reply. The petitioner states that a textile shop named “Level 7” has paid necessary amount for electric post insertion. The petitioner requests to remove the electric post at the earliest.

Subsequently, statement of facts was called for and the same was submitted by the respondent on 11-05-2021. The Forum afforded an opportunity to hear the Petitioner and Respondent on 22-06-2021 through online platform (Google Meet). Both the petitioner and the respondent were present for hearing.

Version of the Respondent:

The respondent states that the petitioner, Sri.Jacob Mathew, Vadakkel House, Kangarappady, Vadacode.P.O, is a consumer under Electrical Section, Thevakkal bearing consumer Number 1155587014332 and has complained against the electric post (A pole) erected by KSEBL near Toll Junction, Edappally, Ernakulam between Electric post Nos.NH2 and NH3, saying that the above posts are erected improperly and without the knowledge of the complainant and the same is a hindrance for the entry and exit of vehicle to their building and hence to be shifted. The respondent states that a notice was issued to Sri.Chacko.V.J, Vadakkel, Edappally North on 19-05-2020 from Electrical Section, Thevakkal for not maintaining sufficient clearance between electric (HT) lines and newly constructed building (now “Level 7”) near Toll Junction, Edappally, under his ownership (later the ownership has been changed). On receipt of the notice, the consumer had shown his willingness to remit the work deposit amount to maintain the clearance between the line and building. Accordingly, an estimate was prepared for Rs.45959/- after site inspection and verifying the feasibility for inserting a new A pole between the span NH2 and NH3 of the HT line (11kV Changampuzha Nagar feeder). The consumer has remitted the work deposit amount on 12-06-2020 and the work has been completed on 24-11-2020.

On 11-12-2020, the petitioner has lodged a complaint to Assistant Engineer, Electrical Section, Thevakkal saying that the A pole erected is between NH2 and NH3, which is a hindrance to the free passage of the vehicles 3 towards his premises situated at Toll junction, Edappally, Ernakulam, adjacent to the “Level 7” building and hence to be shifted to somewhere. In reply to the letter cited, the Asst.Engineer, Electrical Section, Thevakkal informed (in the face to face meeting) to the complainant that the post is erected for maintaining the clearance between line and building and the same is erected in the NH property, in the same alignment to the “Level 7” building and is outside the pathway and not in the property of the complainant. The respondent states that the post is erected between the span of NH2 and NH3 after verifying the feasibility and without any disturbance to the adjacent property owners and public (pedestrians). The respondent argues that it is not compulsory / not practical to inform the adjacent property owners while erecting electric post in a public place. Also a reply has been given directly to the consumer by the Assistant Engineer, Thevakkal and a written reply has been sent to the consumer's address on 10-05-2021, based on the complaint. The respondent states that the post is erected in the most feasible place and hence consumer's complaint cannot be considered.

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.

The hearing was conducted on 22-06-2021 vide online platform (Google Meet). As decided in the hearing, a site inspection was also conducted on 22- 06-2021. The respondent has stated that the said A pole has been erected to maintain sufficient clearance between the HT electric line and the newly constructed building (Presently named as “Level 7”) near Toll Junction, Edappally and the pole is erected in the NH property in the same alignment to the building “Level 7”.

On inspection of the site, it is found that the A pole is erected in the border line of NH walkway and seems to be in the same alignment to „Level 7‟ building. The Forum is convinced that the A pole is erected at the most feasible 4 position and does not cause hindrance to the entry and exit of vehicles to the adjacent property owned by the petitioner.

During site inspection, the petitioner was asked to submit further documents to support his claim. Even though the petitioner submitted certain documents on 25/6/2021 they were not relevant.

DECISION: Considering the above facts and circumstances, the Forum issues the following orders:- 1) The petition is dismissed due to lack of merit. 2) No cost ordered.

The petitioner is at liberty to file appeal before the State Electricity Ombudsman, Charangattu Bhavan, Building No.36/895, Mamangalam - Anchumana Road, Edappally, – 682 024 (Ph: 0484 -2346488) within 30 days of receipt of this order, if not satisfied with this decision.

Dated this 30th day of June, 2021.

1) Smt. Annie Job. E.J Sd/- (CHAIRPERSON)

2) Smt. Mini Francis Sd/- (2nd Member)

3) Sri. Jefrin Manuel Sd/- (3rd Member)

Endt. On CGRF-CR/OP No.02/21-22

Sri. Jacob Mathew, Vadakkel House, Vadakode P.O.,Kangarappady, Pin – 682 021.

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