NCDRC

NCDRC

RP/2720/2013

AJMER VIDYUT VITRAN NIGAM LTD. & ANR. - Complainant(s)

Versus

RAKESH KUMAR - Opp.Party(s)

MR. MANU MRIDUL & MR. ANANT K. VATSYA

09 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2720 OF 2013
 
(Against the Order dated 09/04/2013 in Appeal No. 255/2012 of the State Commission Rajasthan)
1. AJMER VIDYUT VITRAN NIGAM LTD. & ANR.
THROUGH ITS SUPERINTENDING ENGINEER, AVVNL,
BHILWARA
RAJASTHAN
2. ASSISTANT ENGINNER, (CSD-II),
AJMER VIDYUT VITARAN NIGAM LTD.,
BHILWARA
RAJASTHAN
...........Petitioner(s)
Versus 
1. RAKESH KUMAR
S/O SHRI RAM AVATAR GOUR, PROP,RAJASTHAN TENT HOUSE, R/O BHAWANA MUSIC STREET, AZAD NAGAR,
BHILWARA
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Manu Mridul, Advocate with
Ms. Ekta Rai, Advocate
For the Respondent :
NEMO

Dated : 09 Jul 2014
ORDER

 

1.      Learned counsel for the petitioners present.  None is present for the respondent.

2.      The respondent has refused to accept the notice.  It is stated that litigation charges are paid to the complainant when he was present in the district court in respect of a contempt matter.  Learned counsel for the petitioner states that he is well aware of the same.

3.      Under the circumstances, the respondent/complainant be proceeded against ex parte.

4.      Our attention is invited towards Clause 7A(1) of the Terms and Conditions of Supply 2004 which reads as under:

                             “7(A) Building complex

(1) In case of building complex/large building, if the maximum demand calculated on the basis of covered area as per calculation given below is more than 50 KVA  then the owner/builder/developer/group of consumers is required to install transformer and its associated equipments within the building complex/large building of appropriate capacity.

 

S.

No.

Type of Building Complex/large building

Connected load per 1000 sq. ft. of covered area

Designed maximum demand

1

Domestic

8 kw

50% of total connected load

2

Non-Domestic

10 kw

50% of total connected load

# Covered area on all floors of such Building Complex/Large Building as per approved plan or actually constructed, whichever is more.

 

5.      Learned counsel for the petitioners has further invited our attention towards the site report for new NDS connection, which runs as follows:

                             SITE REPORT FOR NEW NDS CONNECTION

1.   Name of Applicant

Rakesh Kumar/Ramavatar

Bhaleshwar Bhawan, in front of Shiv Mandir,

Azad Nagar

 

2.   Space of area

3X(42 1 X 55 1) + 2 X (42 1 X 55 1) + 10 1 X 10 1

Ground + 1st + IInd Floor) (Ground + 1st Floor + Basement

= 6930 + 4620 + 100

+ 11650 sq. ft.

3.   Note:  There is a one complete complex in which both sides have a gate.  It appears from the construction that shops were constructed on 1st Floor and IInd Floor later on

SD/-

Junior Engineer

CSD- II, Bhilwara

 

As per TOs 2004 desire load 98 kwt according to corporate area.  11650 sq. ft. or building complex.”

6.      Consequently, we modify the order passed by the State Commission and direct that the electricity connection be installed  within the para meters of law.  If the respondent is ready to install transformer and to comply with other provisions of law as laid down in Section 7A of the Terms and Conditions of Supply, 2004, the relief be given to him as prayed otherwise the petitioner is not obliged to install the electricity connection illegally.  However, there lies no rub in installing the electric connection without transformer in case the complaint prays for installation of electricity connection below KVA 50 to a limited area.

7.      The revision petition stands disposed of.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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