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 MEENA. S : CHAIRPERSON MANOJAN .P.P : MEMBER II ROBIN PETER : MEMBER III OP NO. 14/2018-19 PETITIONER : 1. Sri. Arun.R.Chandran, Authorized Signatory, M/s. Indus Towers Ltd., 8th Floor, Vankarath Towers, Palarivattom, Cochin – 24. RESPONDENTS : 1. Assistant Executive Engineer, Electrical Sub Division, KSEB Ltd, Kalikavu, Malappuram District – 676 525. 2. Assistant Engineer, Electrical Section, KSEB Ltd., Tuvvur, Malappuram District 679 327. ORDER Case of the Petitioner:- The petition is filed by the representative of M/s.Indus Towers ltd, a company meant for providing passive infrastructure to the telecommunication service providers .The company have more than 6000 tower sites all over kerala with KSEB Supply and the current charges remitted by the company comes around Rs.30 crore per month. The petitioner applied for an electric connection having connected load of 8 KW to the mobile tower site at Chembrassery under electrical section Thuvvur on 13/12/2016, remitting the required application fee. It is alleged that the Assistant Engineer snubbed their repeated requests for providing electric connection. Later, the licensee served a reply dated 16/02/2017 stating that the transformer feeding the area under the site is working at its maximum capacity and it is not possible to accommodate additional load. Therefore service connection cannot be provided for the requested load of 8 KW. The petitioner states that the site is running with Diesel Generator set and the company is suffering from a huge financial loss due to the above. The matter was discussed with the Chairman and MD of the licensee on 07/8/2017 and assurance was given in the above meeting for urgent follow up. Accordingly the matter was taken up with the Chief Engineer (Distribution North) vide letter dated 24/8/2017.But the reply from the Chief Engineer (Distribution North) was disappointing as it was intimated that the supply for mobile tower at Chembrassery is possible only after the 2 execution of the enhancement of the capacity of the Pilakkalchola Transformer under the plan work for the year 2018-19 under Electrical Circle, Nilambur. No probable date for effecting the connection applied on 13/12/2016 is guaranteed. The petitioner alleges that the stance of the Licensee is against Kerala Electricity Supply Code 2014 and Electricity Act 2003. The time limit prescribed for inspection of the premises as per regulation 85 (1)of Kerala Electricity Supply Code 2014, in the case where supply can be provided without extension or Augmentation of the existing distribution system, is 7 days from the date of receipt of application Form and connection shall be effected within a period of one month. The time line specified under regulation 85 (2) of Kerala Electricity Supply Code 2014, in the case where extension or augmentation of the distribution system is required for providing connection is 45 days for the first one kilometer or part thereof and 15 days for every additional kilometer of LT line including connection. The KSERC (Standard of Performance) Regulation 2015 states that it is the duty of the licensee to effect service connection within 2 months from the date of registration of application. Otherwise the licensee has to pay compensation for its breach. As the time line prescribed for effecting service connection in the case of requirement of enhancement of capacity of the existing transformer is 2 months from the date of receipt application, the petitioner is eligible to get compensation @Rs.50/- per day from 13/02/2017. It is stated that the petitioner has been bearing a heavy burden as the present site is operating on DG set. 3 Based on the facts, the petitioner prays the Forum, to effect the Service connection with immediate effect within a time limit of 15 days. The petitioner also prays to award compensation from 13/02/2017 as per the standard of performance. Version by the Respondent:- The licensee admits that the petitioner had submitted application for electric connection with connected load 8.16 KW on 13/12/2016 by remitting Application fee for Rs.50/-. On receiving the application the Assistant Engineer of the section checked the technical feasibility for providing electric supply to the premises. The distribution of electricity in that area is made from the 25 KVA Pilakkalchola Transformer and the Transformer is on its maximum capacity. Voltage problem is already existing in this area. In order to alleviate the above voltage problem the respondent has put up a proposal for enhancing the capacity of the transformer and included in the plan work of Electrical section Thuvvur and top priority was given to complete the work by October 2018. After conducting the site inspection, it was observed that the above proposal was not feasible in the situation existing at that point time. The licensee verified the technical feasibility as stipulated under Regulation 27 of Kerala Electricity Supply Code, 2014 and found that they could not entertain the application. It is stated that the respondent intimated the petitioner regarding the status in writing. On the request of the petitioner for effecting service connection, the applicant was not asked to bear expenditure for the enhancement work or 4 no demand notice was issued to the petitioner as the connected load was not technically feasible from the feeding transformer. The licensee argues that the time line as per regulation 85 of Kerala Electricity Supply Code 2014 is not applicable in this case. There was a proposal for installing a 100 KVA transformer at Odavanpatta area and the above work was completed by the end of 05/2018 and the sanction for charging the transformer has been obtained. An alternate solution was verified by the respondent from the newly charged 100KVA Transformer Odompatta as the supply of electricity from 25 KVA Pilakkalchola transformer would be possible after enhancement of its capacity to 100KVA. Therefore an estimate for supplying electricity to the premises temporarily from 100KVA Odompatta Transformer was prepared and issued to the applicant on 13/06/2018. On the basis of the facts explained the licensee argues that the petitioner is not entitled for any relief and prays the Forum to declare that the actions of the respondent are in accordance with the existing rules and regulations. Rejoinder by the Petitioner dated 02/7/2018 : Even though the petitioner had submitted the application for supply 13/12/2016 the reply was received only on 16-02-2017 by stating that they could not provide supply as the Chembrassery east 25KVA transformer is working at its maximum capacity and no more load can be added. But in the statement of facts, it is explained that the area is fed from 25KVA 5 Pilakkachola transformer. Therefore the petitioner alleges that the application was rejected illegally without conducting proper inspection and the respondent has not taken any single step to conduct a feasible study and follow up in the matter. The licensee prepared the estimate after the elapse of two years after submitting application for connection. The demand notice for Rs. 131830/- towards ECSC for extending 187 meter LT 3phase line was received only on 26-06-2018 and the petitioner is processing for payment. It is alleged that there is willful delay from the part of the licensee and this made the petitioner to operate the mobile tower with the DG set. A heavy loss is sustained to the petitioner as they are constrained to depend upon the DG set. The petitioner, therefore request the Forum to allow the petition and to pass the reliefs sought for Discussion, analysis and findings:- Hearing of the case was convened 02/6 /2018 and 07/07/2018. The petition is against the laxity on the part of the respondent in providing supply to the mobile tower site of the petitioner. The petitioner also prays to award compensation for the delay @ 50 per day as specified under Standard of Performance. The petitioner applied for Electricity connection on 13-12-2016 by remitting application fee of Rs. 50/-. The Assistant Engineer, as per reply dated 16-02-2017 intimated the petitioner that the above work is not 6 feasible as the present capacity of the transformer is insufficient to cater the demand of the petitioner and the area is also encountered with low voltage problem. The petitioner approached the Higher-ups of the licensee also. The petitioner got a reply that his request could be considered only after the completion of capacity enhancement work of Chembrassery east 25 KVA transformer planned for the year 2018-19, without specifying the date of completion. This made the petitioner to wait indefinitely for getting electricity connection for his mobile tower and he is constrained to depend upon the DG set for carrying out the day to day function of the mobile tower. The petitioner has been continuing the operation of the tower bearing heavy loss. It is alleged that the stance of the licensee is against Regulation 85(1) and 85(2) of Kerala Electricity Supply Code 2014 and they are bound to pay compensation as per KSERC Standards of Performance for the delay @ Rs.50/- per day from two months, the time stipulated for providing connection. Having considered all the documents submitted and the deliberations during the hearing, the forum has come to the following conclusions leading to the decision;- 1) The Power requirement of the petitioner is 8 KW for running a Mobile Tower at Chembrassery for which they applied on 13/12/2016 with required fees.