1 CONSUMER GRIEVANCE REDRESSAL FORUM CENTRAL REGION (Formed under Section 42(5) of the Electricity Act 2003) 220 kV Substation Compound, HMT Colony P.O. Kalamassery, Pin – 683 503 Phone No. 0484-2556500 Website: cgrf.kseb.in, Email: [email protected], CUG No. 9496008719 Present (1) Smt.Soudamini B Chairperson (2) Smt. S.N.Sheeba. Member (3) Sri. Jefrin Manuel Member Petitioner Sri. V.J. George, AIS Road, Schoolppady, Vadassery House, Vaduthala, Kochi – 682 023. Respondent 1) The Asst.Exe. Engineer, Electrical Sub Division, Central, Ernakulam 2) The Asst. Engineer, Electrical Section, KSEBL, Vaduthala ======================================================== No.CGRF-CR/OP No.34/2020-21/297 Date :17-11-2020 O R D E R Background of the case: The petitioner, Sri.George V.J., Vadassery (H), AIS Road, Vaduthala P.O., Kochi – 682023, is a domestic consumer under the jurisdiction of Electrical Section, Vaduthala. The petitioner had registered for solar plant on 19-03-2020 and received feasibility report from KSEBL on 29-04-2020. Thus the petitioner submitted an application to register his solar plant and received an acknowledgement on 07-05-2020. On completion of installation, the petitioner submitted an application and received its confirmation on 18-05-2020 to test and connect the plant to grid. The consumer states that on 04-06-2020, Smt.Smitha, AEE, informed him about the inspection to test the plant on 05-06-2020 and fixed time at 10 am (+ / - 15 min). Hence the petitioner arranged the technician 2 by 9:30 am. Thus the technician waited till 10:30 am and left for an urgent call a couple of minutes before the arrival of AEE. When the AEE arrived and enquired for technician, the petitioner replied that he will be back in a minute. But the AEE did not wait and returned back. Thus the petitioner called the AEE for her next convenient time; but got an arrogant reply that it could be at mid-day or evening. Thus the petitioner requested the AEE to inform before she comes to the site so that he could arrange the technician. But the AEE reached the site at 12 pm without any intimation and enquired for technician, who was not present. Thus the AEE left the site without conducting the inspection. On 03-07-2020, the petitioner again visited Electrical Section, Vaduthala, and informed through letter that the solar plant has not yet tested. Thus the Assistant Engineer informed that they are not informed about the site visit and advised the petitioner to contact the office of the AEE where she reports. On 07- 08-2020, the petitioner sent a letter with Regd. AD to Electrical Section, Vaduthala; but no reply was received from that end. The petitioner states that he received a call from Smt.Sajila, Assistant Engineer, informing about the test on 08-08-2020 at 9:30 am. In this connection, a letter was received from Electrical Section, Vaduthala, on 17-08-2020 informing that the solar plant test was over and that to execute the agreement and net meter. The petitioner states that he was keeping a track of solar testing around his premises and understood that the Assistant Executive Engineer has been testing other solar plants around his premises and thereby purposefully ignored testing his solar plant. The petitioner claims that the Assistant Executive Engineer was trying to block him so that his solar plant not to get tested causing heavy loss amounting to Rs.45,637/- to him. Thus the petitioner demands to settle his reasonable claim at the earliest. List of damage:- Delayed days from date of approval to test – 86 Bill at present tariff of Rs.5.95/- - Rs.4195/- Rate of unused units - Rs.948/- Interest @ 8.50% - Rs.5494/- Legal fee paid - Rs.10000/- Humiliation and mental torture - Rs.25000/- Total - Rs.45637/- 3 Subsequently, statement of facts was called for and the same was submitted by the respondent on 13-10-2020. The Forum afforded an opportunity to hear the Petitioner and Respondent on 20-10-2020. Both the petitioner and the respondent were present for hearing. Version of the Respondent: The electric connection with consumer number–16528 under the jurisdiction of Electrical Section, Vaduthala, was given to Sri.George V.J., Vadassery House, Vaduthala, under LT 1A tariff with a connected load of 4500 Watts. The petitioner submitted an application on 19-03-2020 for feasibility certificate in order to install a 3 kWp solar plant in his premise. The feasibility certificate was issued to the petitioner on 30-03-2020. The petitioner then submitted an application for registration of solar plant in Electrical Section, Vaduthala on 07-05-2020. He also remitted a registration fee of Rs. 3,000/- on the same day. After the installation of the solar plant, the petitioner submitted an application at Electrical Section, Vaduthala, for testing the solar plant on 18- 05-2020. As per the KSEB Circular No.C.E. (E.R.S)/Projects/AEE-6/Solar- General/16-17/766(1)/dated 09-09-2016, the testing is to be completed within ten days from the date of application from the consumer. As per the directions in this circular, the application for the testing was submitted to Electrical Division, Ernakulam on 19-05-2020 for arranging the testing. The details of the consumers for solar plant testing are intimated to the Meter Testing Sub Division, Kalamassery from the Electrical Division. The schedule for the testing is decided by the testing team of Meter Testing Sub Division, Kalamassery and is intimated to the concerned Assistant Engineers of the respective Sections and the consumers in advance. In the present case, the details of the consumer was sent to Meter testing Sub Division, Kalamassery on 27-05-2020 from Electrical Division, Ernakulam. As per the information received from the AEE, Meter Testing Sub Division, Kalamassery, the testing of this consumer was arranged on 05-06- 2020. Out of the 15 nos. of testing arranged on that day, this was the second test. The testing team reached the site at around 10:15 am but the Solar Technician was not present in the site. Without the help of the Technician, it was not possible to check the safety settings of the plant. As there were many other solar plant testing pending for the day, the testing team went to other sites 4 for testing. The testing team again returned to the site at around 12:30 pm but the Technician was still not present in the site. As all the testing was to be completed before the sunset, the testing team went to other sites. So the testing could not be completed as scheduled. The petitioner then gave a written complaint to the Assistant Engineer, Electrical Section, Vaduthala on 03-07-2020 for testing the solar plant. The same was submitted to Electrical Division, Ernakulam. The Executive Engineer of that Division directed to arrange the testing after properly intimating the consumer in advance. The Assistant Executive Engineer, Meter Testing Sub Division, Kalamassery has submitted an explanation letter to the Executive Engineer for the pendency of testing. But due to the hectic schedule of the testing team, the testing could not be scheduled. On 11-08-2020, the AEE, Meter Testing Sub Division, Kalamssery informed that they have scheduled testing of solar plants under Electrical Section, Vaduthala, the very next day on 12-08-2020. The same was intimated to the consumer and solar technician in advance. The solar testing was completed on 12-08-2020. The net meter was installed and solar plant was commissioned on 15-08-2020. The respondent states that the testing team had reached the site two times on 05-06-2020 for testing the solar plant. But on both these occasions, the Technician was not present on the location. The presence of the Technician was very essential in checking the safety settings of the plant. Due to the increasing numbers of new solar plant installations, the schedule of the testing team is very tight. It may please be noted that there were 15 nos. of testing arranged on 05- 06-2020 itself. Considering the fact that the testing hours are limited by the availability of sunlight, the testing team can not waste much time in a single premises. The respondent has stated that as per Section 57 of the Electricity Act 2003, the power to fix the rate of compensation to be paid to a consumer rests with the Kerala State Electricity Regulatory Commission. The rates of compensation to be paid are as per Schedule-1 of the Kerala State Electricity Regulatory Commission (Standard of Performance of Distribution Licenses) 5 Regulations, 2015. But this Schedule-1 does not have the rate of compensation in case of failure to test the solar plant in the stipulated time frame. Thus the calculation of damages by the petitioner is without legal basis and KSEBL is not liable to pay this damages as demanded by the petitioner. 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 petitioner has a complaint with OP No. 21/2020-21 filed before this Forum and the complaint pertain to the delay and subsequent compensation for this subject case referred in OP No.34/2020-21. The petitioner had submitted a request before the respondent for testing the solar plant installed in the premises, vide letter dated 18-05-2020.