ORDERS ON I.A.
The OP has filed application U/Sec.151 of CPC with a prayer to dismiss the complaint.
2) Along with I. A. the OP filed memo of facts stating that KERC (Karnataka Electricity Regulatory Commission) is a special act to examine certain issues relating to SRTPV and when the complaint raised by the complainant in respect of 9% tax, FCA, PF, Penalty, Fixed Charges, Levelised Tariff, Net Energy/Gross Energy and Interest in delayed payment as per the PPA (Power Purchase Agreement) does not fall within the domain of C.P. Act-2019 and this legal aspect was not at all examined by this Commission. So, the special Courts are constituted under Electricity Act to examine such issues suffice to ousted the jurisdiction.
It is further submitted in the memo that the complainant has produced the Power Purchase Agreement for Rooftop Solar PV Plants Net Metering Arrangement, as per the para No.6, it is clearly mentioned that there is a Commercial Settlement. Hence, this Commission has no jurisdiction to entertain the complaint and prayed for dismiss the complaint.
3) Complainant filed the objections to I.A. denying the contents of I.A. and stated that Special Courts are constituted to deal with the subject matter involved in this complaint and the said complaint is not maintainable. The say of the OP is far from the truth. Because the Consumer Protection Act provides an additional remedy to the consumer and this consumer cannot be ousted from the jurisdictions of this court.
It is further submitted objections to the memo that at Para No.6 of the agreement between complainant and OP, it is mentioned the word ‘Commercial Settlement’, because the issues involved in the complaint are all domestic in nature and not commercial. But OP has received amount from the complainant for the connection of Electricity supply to his house and OP has supplied low volt power to the complainant’s house and which has resulted in to damages to the TV, Refrigerator, Washing Machine and other electric home appliances of the complainant. So, the service rendered by the OP is deficiency in nature and simply a stray word ‘Commercial’ mentioning in the contract does not oust the complainant form the purview of this Commission. Hence, this complaint should be considered wholly and not partially.
4) Heard the arguments on I.A. and memo.
5) The points for consideration to us are as under:-
1) Whether the complainant has made out valid
and acceptable grounds to dismiss the I.A.
2) What order?
6) Our findings on the above points are as under:
Point No. 1: In the Negative.
Point No. 2: As per the final Order
R E A S O N S
7) Point No: 1:- It is specific case of the OP that KERC is a special act to examine certain issues relating to SRTPV as per the Power Purchase Agreement and complainant has produced the PPA for Rooftop Solar PV plants Net Metering Arrangement is a Commercial Settlement and this Commission has no jurisdiction to entertain the complaint and prayed for dismiss the complaint. The complainant filed his objection to I.A. along with memo and denying the contention of the I.A. and memo.
8) It is pertinent to note that the contention of the complainant that the OP has supplied low voltage power to the complainant house as a result, the complainant TV, Refrigerator, Washing Machine and other home appliances are damaged. The act of the OP amounts to deficiency in service and same is denied by the OP.
9) It is pertinent to note that particularly in the rainy season there is a fluctuation in the electricity supply. When complainant came to know that the fluctuation in the electricity supply he has closed the power, but the same is not done in this case. On the other hand complainant filed this complaint before this Commission for the deficiency in service of the OP.
10) It is pertinent to note that as per Power Purchase Agreement this Commission has no jurisdiction to entertain the matter. On the other hand the complainant has to approach the authority as agreed in the Power Purchase Agreement and the said agreement is come under the Electricity Power of the Commercial Settlement. Therefore, we have no hesitation to say that this Commission has no jurisdiction to entertain the matter. With this opinion, we answer point No.1 in the negative.
11) Point No-2:- The above reasons and discussion, we proceed to pass the following:-
O R D E R
- The complaint filed U/Sec. 35 of C. P. Act 2019 is dismissed and directed the complainant to approach the competent authority for his grievances.
