THE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION

Complaint No.15/2016

Quorum

Shri Desh Deepak Verma, Chairman

Shri S.K Agarwal, Member

In the matter of:

Sub: Petition under section 142 of the Electricity Act 2003.

Shri Ram Kishan Agarwal Chepee Gali, Vrindavan, Mathura.

Petitioner

Verus

Executive Engineer, Electricity Rural Distribution Division-II, Vrindavan, Mathura.

Respondent

ORDER

(Hearing on 30/05/2017)

The Petitioner has filed an application before the Commission under section 14 of UPERC (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulation 2007 and whereas the Commission initiates the proceeding in the matter under section 142 for non compliance of Consumer Grievance Redressal Forum order dated 26/05/2016 in appeal no. 26M/2015.

The operative part of the order dated 26/05/2016 in appeal no. 26M/2015 passed by CGRF is reproduced below:

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Ikfjoknh dks okn O;; gsrq :0 500@& dk Hkqxrku foi{kh }kjk ifjoknh dks fd;k tk;A

The Commission issued show cause notice to respondent on 26/08/2016 and directed both parties to appear in person before the Commission on 07/09/2016.

The petitioner was represented by his representative Shri Shashi Bhusahn Mishra. The respondent was represented by Shri A.S. Rakhra, Advocate.

The petitioner submitted that the order of the CGRF has not been complied. Commission expressed its displeasure over non compliance of the CGRF order and directed the respondent to file the Affidavit of Compliance within 10 days. List on 05/10/2016 at 15:00 hrs.

Hearing on 05/10/2016

The petitioner was represented by Shri Shashi Bhushan Mishra. The respondent was represented by his counsel Shri Bashisth Muni, Advocate.

The respondent submitted that the estimate has been provided to the petitioner. The petitioner submitted that he has filed the objections. The respondent submitted that the new estimate after considering the objections of the petitioner shall be provided in 15 days. The Commission directed the respondent that if the order is not been complied and Affidavit of Compliance is not filed before the next date of hearing the Executive Engineer will appear personally before it.

Hearing on 30/05/2017

The petitioner was represented by Shri Shashi Bhushan Mishra. The respondent was represented by his counsel Shri A.S. Rakhra, Advocate.

The respondent submitted that they have disposed of the objections raised by the petitioner. The petitioner submitted that they have not prepared the estimate as per the Cost Data Book and have charged the supervision charges on the transformer also. The respondent submitted that the CGRF has only directed to adjust the excess amount if any charged from the consumer in view of the provisions of the U.P. Electricity Supply Code, 2005 regarding preparation of estimates. Since the estimate has been prepared according to Cost Data Book therefore no adjustment can be made.

The Commission finds that CGRF has not specifically calculated the excess amount charged in the estimate by the licensee. The Commission, therefore, remands the matter to CGRF with the directions to examine the estimate and specify this excess amount.

The CGRF is directed to submit its report within one month of the receipt of the order.

(S.K. Agarwal) (Desh Deepak Verma)

Member Chairman

Dated: 15.06.2017

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