JUDGEMENT
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(1.) M/s Mittal Electricals has filed a Petition on 28 May, 2014 under Section 43 of the Electricity Act (EA), 2003 and Regulations 4.1 to 4.6 and Appendix - A of the
MERC (Standards of Performance of Distribution Licensees, Period for Giving
Supply and Determination of Compensation) Regulations, 2005 ('SoP
Regulations') for non - compliance of the Standards of Performance in respect of
the period of providing supply by the Tata Power Company Ltd. (TPC). Five
Applicants, namely S/Shri (1) Ram Sukar Pagi (2) Kisan Yashwant Wadia (3)
Dattu Daji Pagi (4) Kamlakar Chandrakant More and (5) Chandrakant Shinwar
Padavale, have authorized M/s Mitta Electricals to file this Petition on their
behalf.
(2.) The Petitioner's prayers are as follows:
" 1) The Hon'ble Commission may be pleased to direct the Respondent to provide supply to the said Applicants.
2) In the event of failure to provide supply, the Hon'ble Commission may be pleased to direct the Respondent to suitably compensate the applicants..."
(3.) According to the Petition,
a. Ten Applicants from Bhabhalichi Bhat, behind Mira Co -operative Industrial Estate, had applied for electricity connection from TPC in November, 2012. TPC issued electricity services estimate to the applicants on 12 November, 2012. The. Applicants paid the charges for electricity connection collectively on 21 June, 2013. Thereafter the Applicants made various attempts and representations, without proper response.
b. Due to delay in getting the electricity connection, the Applicants replaced their Licensed Electrical Contractor, Shree Laxmi Electrical Works, and appointed the present Petitioner, who is also an Electrical Contractor. They informed TPC vide letter dated 17 April, 2014. The Applicants enquired regarding the status of their applications at various times without satisfactory response from TPC.
c. As per Regulation 4 of the SoP Regulations, the time frame for providing supply to an Applicant is one month to one year depending upon the availability of distribution network. TPC's network is available in the area and the load sought for by the Applicants is only 5 kW, which does not require any network upgradation/ augmentation. Other applicants in the area are also awaiting electricity supply.
d. In the event of failure to supply within the specified time frame, the Distribution Licensee is liable to pay compensation in accordance with the SoP Regulations. TPC has failed to comply with Section 43 of the EA, 2003 and provide electricity supply to the Applicants within the stipulated time frame. ;
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