BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM 33/11KV Sub Station- Builder’s Area, NPCL- Greater Noida.
CASE NO : C-4 of 2009
COMPLAINANT:a) Mr. Vinay Kr. Bana s/o Sh. Nahar Singh ,
B-251, Gama-1, Gr. Noida –Residence
b)Mr.Vinay Kr Bana-ShopNo:12,Omega Main
Market,Gr.Noida,ConsumerNo:2000062595
RESPONDENT : M/s N.P.C.L, Greater Noida.( The Licensee).
DATED : 19-03-2010
PRESENT:1) Mr. Prem Chandra-Chairman cum Judicial Member.
2) Mr R. K. Malik- Technical Member.
3) Mr. Rajiv Goyal-Member(Officer of the Licensee).
ORDER
This is a complaint dated 23-11-2009 (cp-01) from Mr.Viney Kr. Bana-B-251,Gama-1,GreaterNoida,BP NO:2000062595, who has taken a 1-phase electricity connection from M/s NPCL-Greater Noida at his shop no : 12, Omega main market, Greater Noida , complaining that he applied for a 3-
Phase,5 KW electricity connection for his shop no:12,omega main market, Gr.Noida. M/s NPCL Gr. Noida,(Licensee) asked him to deposit Rs.7000/
as Service Charges , Rs.4000/ as Security, Rs.1500/ as System Loading charges &Rs.200/ as Processing Fees(Total Rs. 12700/).A sum of Rs.147/ has also been deposited in SBI as Safety Department’s Fees. M/s NPCL showed its inability to install a 3-phase meter as there were no wirings provided in the box where the electric meter has to be installed. The complainant , then, requested vide application dated 16-11-2009 to the Licensee to install a single phase meter & extra amount be refunded to
him. M/s NPCL refused to take action on his application dated 16-11-09
advised the complainant to give fresh application without mentioning about the refund of excess charges deposited by him.The Complainant further states that he submitted another letter dtd.17-11-09 to M/s NPCL,
Since, he was in urgent need of an electric connection. After the release of the electric connection, the complainant met Mr. Kajal, dealing official of
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M/s NPCL & enquired about the difference in charges between the release of a 3-phase connection & a 1- phase connection. As per the complainant, Mr.Kajal told him that Rs3400/are charged for a 5KW,1-phase connection.
Thus Rs.(12700-3400) ie Rs.9300/ are refundable to him.Complainant has requested for refund of Rs. 9300/ alongwith interest in his complaint.
After getting the required formalities, as per clause-6 of UPERC (CGRF)
Regulations-2007, completed from the complainant , the complaint dated
23-11-2009 was registered with CGRF- Gr. Noida as C-4 of 2009.
Against the above averments, M/s NPCL (the Licensee) in his reply vide letter E-15/162 dated 23-12-2009 has said that the required construction
for electric supply has been done by Gr.Noida Authority and the estimate has been prepared for supply of electricity accordingly. M/s NPCL has further stated that at the time of installation of electric meter, it was
observed by them that the electric construction is not feasible for3- phase connection and the same is feasible for a 1- phase electric supply only.So,
in line with the observation, they advised the complainant to upgrade his wiring suitable for3-phase electric connection because as per clause 3.2(i)
of ElectricitySupplyCode-2005,approved by Hon’ble UPERC,5KW load electricity connection is to be installed at 440volts,3 Phase-4 wire only.
The complainant had expressed its inability to upgrade the wiring and requested for release of his electric connection at 1- phase till the time he
is able to upgrade the wiring. In view of this the Licensee has refused to refund the difference in service charges.
In the rebuttal to the Licensee’s reply dated 23-12-09, this Forum offered another opportunity to the complainant vide its letter dtd. 24/29-12-2009.
In his reply dated 30-12-2009, the complainant has submitted as below :-
1) M/s NPCL has taken over the complete charge from Greater Noida Authority with regard to electricity of shops at Pkt-2,Omega market.
2) M/s NPCL is duty bound to know the provisional arrangements of each shop with regard to electricity.
3) Customer is an unknown person as he does not know anything in
details about the deptt.activities. NPCL should guide their customers instead of taking money and refused to give balance money back,
when no such service provided.
3) NPCL should turn down, our application explaining the reasons as
mentioned in NPCL’s letter dtd. 23-12-2009 (para-2).
5) Had the NPCL shown its inability to instal 3-phase meter in the first
instance,we would have changed application for installing a 1-phase
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meter. To guide the customer is the responsibility of the Company.
6) Para 2 of NPCL’s letter dated 23-12-2009, clearly stipulates that
NPCL was not in knowledge that electrical construction is not
technically feasible for the 3 - phase supply. The above mentioned
electrical construction is feasible for the single phase supply only.
7) This is absolutely clear that NPCL is not functioning with open eyes.
We would like to ask NPCL through Hon’ble Forum as to why we
were asked to deposit Rs. 12700/ when no provision exists.
8) The electrician of NPCL,when went to install the 3-phase meter, told
that there is no provision in the market to install 3- phase meter,
NPCL, awoke, and then realized they have made the mistake to float
the bill amounting to Rs. 12700/.
9)We,now request your honour that excess amount may kindly be got refunded by the NPCL immediately with interest harassment relief.
This Forum asked the Licensee (M/s NPCL) and the Complainant to
present their respective cases in the hearing to be held on 19-01-2010.
Both the parties were present in the hearing held on 19-01-2010 and
presented their cases before the Forum. Nothing new was presented/
argued in the hearing of 19-01-2010 by both the parties.
Considering that sufficient time has been given to both the parties for
presenting their cases & perused the documents available on records,
the case was discussed amongst all the members of the Forum on
19-03-2010 and it was unanimously decided as under:-
The contention of the consumer is that he should be charged for1-phase connection in place of 3-phase,5KW connection. In that way, the excess amount deposited with the NPCL for his shop’s connection be refunded. This excess amount according to him isRs.9300/while the actual deposit should have been Rs.3400/ as per his enquiry from certain employee of the company named in his complaint.
The whole of the consumer’s arguments rest on the above facts with his
assertion that he was not conversant with the rules for release of a new
electrical connection / electrical installation & out of his ignorance or
ill advice, he applied for 5KW, 3-phase connection.It is also, a case of
consumer that the shop no; 12 is allotted/sold to him by the Gr. Noida
Authority who constructed it and electrical installation/wiring which is
suitable for1-phase connection.Moreover,there is no need for a 3-phase,
5KW connection nor it is feasible to install a 3phase supply to his shop.
So,he is entitled to get refund of Rs.9300/.
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According to M/s NPCL, consumer has been sanctioned 5KW, 3-phase connection on his specific request & necessary formalities including BL
form for3-phase,5KW load with his subsequent application dtd17-11-09
(cp-1/3). It is also mentioned in the reply of M/s. NPCL that whatever has been charged by them is in accordance with ElectricitySupplyCode,
after preparing proper estimate. It is admitted by NPCL that at the time of meter installation only it was observed that the electric construction
is not technically feasible for3-phase supply but it is feasible for1-phase supply only.Accordingly,consumer was informed.As per clause3.2(i) of Electricity Supply Code, approved by UPERC, electrical connection was to be installed at 440 volt, 3phase, 4-wire and applicant was asked to upgrade wiring accordingly for which he showed his inability to upgrade & according to his request ,1-phase connection has been installed till the time he is able to upgrade his wiring.
Now, the points for determination before the Forum arise as below:-
1)What is the actual difference of charge between a 5 KW, 1- phase
3-phase, non residential(Shop)connection as applicable in present case?
2)Whether consumer after depositing the required charges&installation
of electric meter can ask for refund of charges deposited ?
The Forum considered the rival contentions & perused the record and provisions of Electricity Supply Code/ Rules & is of the opinion that:-
Licensee ( M/s NPCL) has charged Rs. 12700/ treating the consumer’s
Load as 5KW at 3-phase supply&the consumer is contesting the charges etc.as 1-phase supply.When we go through the written statement ofNPCL
Dated 23-12-2009 (cp-4), it is admitted that the shop of the consumer is
constructed by Greater Noida Authority making arrangement for 1-phase supply and there is no provision for three phase supply. Technically, the
3- phase supply is not feasible & this fact was observed by NPCL at the
time of meter installation & the consumer was informed accordingly.
When we go through the two letters of consumer dtd.16-11-09&17-11-09
( cp-1/1 cp-1/3 ) with his petition, in the light of written statement of
NPCL dtd.13-12-09, the contention of the consumer holds good that he
erroneously applied for a 3-phase connection. Though, it is a fact that
consumer has submitted BL form (cp-11) duly signed by him in which 3-
phase 4.55KW load (rounded off as 5KW)details are mentioned
Regarding case of NPCL that it has sanctioned &charged accordingly to
the request of the consumer plea of error/ignorance in the application
should not be accepted and company has not charged any excess amount.
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This Forum is of the view that ignorance of law or rules is of no excuse.
but when we go through the BL form (cp-11) there is clear load details of 4.55 KW which is not 5KW load. So the case of consumer’s connection
is covered under cl. 3.2(i)a and not as per 3.2(i)b of the Electricity Supply Code. NPCL, thus has acted against the Supply Code in classifying the consumer’s case under Clause 3.2 (i)b & charging the consumer on the basis of it. Secondly, it is noteworthy that there is no proof from NPCL that at the time of meter installation when it is observed that 3-phase installation is not possible, consumer was informed , as considered above.
Again,if we go through the BL form & case of NPCL regarding 1-phase &
3-phase installation, it appears that at the time of preparing the Estimate by NPCL, none has visited the site of connection otherwise the fact of non feasibility of 3- phase connection could have easily been detected and valuable time of the company and harassment to the consumer could have been saved. Thus on the basis of above discussions, the consumer should have been charged Rs.1300/ towards service connection charges in place
of Rs.7000/ which has actually been charged by treating 5KW, 3- phase,
non - residential connection. Details of charges is Tabulated below.
TABLE
ITEM Less than 5KW,1-phase 5KW & above, 3-phase
a)Service connection Rs1000+300=Rs.1300/ Rs.5000+2000=Rs.7000/
charges
Cable already provided
b) Security Rs.4000/ Rs. 4000/
c)System Loading Charges Rs.1500/ Rs. 1500/
d) Processing Fees Rs. 200/ Rs. 200/
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Thus, excess amount of Rs.(7000-1300)=Rs.5700/ only is refundable to the consumer. Point no: 1 is decided accordingly.
Point no: 2:- On the basis of discussions made in point no : 1 above,
the consumer is entitled to a refund of Rs.5700/ & get its adjustment in his
future electricity consumption bills.
IN view of above, the petition of the consumer partially succeeds and he is
entitled to a refund of Rs.5700/(Rs. Five thousand & seven hundred only).
Other deposits mentioned in his petition cannot be said to be deposited
against the rules & the consumer is not entitled to the refund of the same
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ORDER
Petition of the consumer is partly allowed to the extent of refund of
Rs. 5700/ ( Rs.Five thousand & seven hundred only ) against the Licensee
(M/s NPCL). This amount of Rs.5700/ is to be credited to the account of the Consumer ( BP No:2000062595) and M/s NPCL Gr. Noida is ordered
to credit Rs.5700/ to the account of the consumer and appropriate in
future electricity bills of the consumer( BP No: 2000062595).
Parties shall bear their own costs.
(Rajiv Goyal) (R.K.MALIK) (PREM CHANDRA)
Member(Officer Technical Member- Chairman/Judicial of The Licensee) CGRF Member/CGRF
Signed and pronounced today dated : 19-03-2010
(Rajiv Goyal) ( R. K. Malik ) ( Prem Chandra )
Member (Officer Technical Member- Chairman/ Judicial
of the Licensee) CGRF Member-CGRF