cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of October 2012
Filed on : 02-07-2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 397/2012
Between
M/s. Green Vally Spices Pvt. Ltd., : Complainant
Now known as Green Mount (By Adv. Sherry J Thomas,
Spices Pvt. Ltd., XL/5977, Infant Jesus
rep. by its Managing Direction Building, Banerjee road,
K.I. Paul, Kottichirakudiyil house, Kochi-31)
Nellikuzhi P.O., Kothamangalam,
Ernakulam-686 691.
And
Kerala State Electricity Board, : Opposite party
Office of the Assistant Engineer, (absent)
Electrical Section No. 2,
Kothamangalam, Rep. by
Asst. Executive Engineer-686 691.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant is a private limited company started in 2005 by name and style Green Mount spices Ltd. Under minimum guarantee scheme, all new connections within a distance of 235 metres from the distribution mains were provided under “Normal Plan Works’. For works like line extension beyond 235 meters, installation of transformers etc., minimum revenue realization was ensured through Minimum Guarantee Agreements. Accordingly the complainant applied to the opposite party under the scheme and paid the initial instalment on 21-02-2011. However the Supply Code issued by the Commission in 2005 and the terms and conditions of the Supply of KSEB 2005 did not envisage the continuation of the minimum guarantee scheme though it was envisaged in the erstwhile statutory provision. But the opposite party has been continuing the scheme even after 2005 for providing power supply to small scale industries. In the meantime on 26-04-2012 the opposite party issued a letter to the complainant stating that the complainant has not completed the procedure for minimum guarantee scheme. At that juncture the Kerala State Small Scale Industries Association approached the Kerala State Electricity Regulatory Commission against the inaction on the part of the opposite party in non-commissioning of the scheme. The Commission passed a considered order on 23-01-2012. The opposite party is not complying with the said order which amounts to deficiency in their service. Thus the complainant is before us seeking direction against the opposite party to provide the connection under minimum guarantee scheme and to pay a compensation of Rs. 1,00,000/- towards compensation for the deficiency in service on the part of the opposite party. Hence this complaint.
2. In spite of service of notice from this Forum the opposite party opted not to contest the matter for reasons of their own. Proof affidavit has been filed by the complainant. Exts. A1 to A4 were marked on their side. Heard the learned counsel for the complainant.
3. The only point that comes up for consideration is whether the complainant is entitled to get the electric connection under minimum guarantee scheme as ordered by the commission and to get a compensation of Rs. 1,00,000/- from the opposite party.
4. According to the complainant they applied for connection under minimum guarantee scheme with the opposite party and remitted the required fee on 21-02-2011 evident from Ext. A1. As per Ext. A2 dated 26-04-2012 the opposite party intimated their inability to proceed with the scheme. Against which the association of small scale industries approached the Kerala State Electricity Regulatory Commission. The Commission passed a considered order dated 23-01-2012 which was marked as Ext. A3. As per Ext. A3 the Commission passed the following order.
“1. The Petitions and the Interlocutory applications submitted by the President, KSSIA, Ernakulam District and the
General Secretary, KSSIA are admitted.
2. Kerala State Electricity Board shall honour the Minimum
Guarantee Agreements already executed in the various field
offices and shall extend lines and release connections to
such Minimum Guarantors without delay.
3. Minimum Guarantee scheme which is reported to be
continuing even after 2005 is violation of the provisions of
Electricity Act 2003 and the Kerala Electricity Supply Code
2005 and can invite penal action under the Act and the
Regulations.
4. As already directed in ;the orders of the Commission while
disposing of Petition No. OP 15/2011, Board can approach
the Commission with specific proposal with proper funding
plan for any special scheme for the benefit of any consumer
group. The Board can also seek clarification from the
Commission as proposed in its order dated 28-10-2011 where
existing practices or Board’s or consumer’s interest are
involved.
5. While handing applications for connection from consumers,
the licensee shall strictly follow Section 43 and Section 46 of
Electricity Act 2003 and chapter III of The Kerala Electricity
Supply Code 2005. For delay as well as for any denial of the
connection, the licensee shall give a written reply for
information and to enable the aggrieved consumers to
redress their grievances if any through the CGRF or
Ombudsman or any other appropriate forum.
The petitions are disposed and ordered accordingly.”
5. Matters being we feel no necessity to amend of compensation in the present case.
6. The opposite party is strictly bound by the order passed by the Hon’ble Commission. The non-compliance of Ext. A3 order itself amounts to deficiency in their service. In that view of the matter we partly allow the complaint and direct that the opposite party shall forthwith take necessary steps in line with the directions in Ext. A3 to issue electric connection to the complainant under minimum guarantee scheme. Ordered accordingly.
The above said order shall be complied with within a period of three months from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of October 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copies of receipts
A2 : Copy of letter dt. 26-02-2012
A3 : Copy of order of KSEB
A4 : Copy of letter dt. 05-10-2012
Opposite party’s Exhibits : : Nil
