Appeal No. 10 of 2008

Between

Mr. Syed Azhar Ahmed Quadri,

H.No. 11-6-825/1/48,

Red Hills, Hyderabad. … Appellant

And

1. Asst. Engineer / Operation / APCPDCL/ / Moghalpura / Hyd

2. The Asst. Divisional Engineer/Operation/ APCPDCL / Charminar / Hyderabad

3. The Divisional Engineer/Operation/ APCPDCL / Charminar / Hyd

4. The Asst. Accounts Officer / ERO-III / APCPDCL / Salar Jung Museum Road/ Hyd.

5. The General Manager/ Customer Service / Corp. Office / APCPDCL / Hyd.

… Respondents

The appeal / representation dated ‘nil’ filed by the appellant (received on 28.05.2008), has come up for hearing before the Vidyut Ombudsman on 26.08.2008. Mr. Syed Sharffiuddin on behalf of the appellant and Respondent Nos. 1 & 4 are present. The Vidyut Ombudsman after considering the matter, passed / issued the following :

Interim Order

The appellant preferred the present appeal against the order dt. 22.04.2008 passed by the Forum for Redressal of Consumer Grievances of APCPDCL (for short the ‘Forum’) in C.G. No. 35 / 2007-2008 Hyderabad (South) Circle.

2. The appellant filed a complaint dt. 31.01.2008 before the Forum below for the new service connection for domestic purpose. After taking into consideration of the contents of the complaint and the material filed by both the parties before it, the Forum below passed an order on 22.04.2008 stating that the complainant failed to establish that his application for new domestic service connection has been registered with Customer Service Center at Moghalpura section and further directed him (appellant herein) to make a fresh application for new domestic service connection duly submitting relevant documents along with the prescribed charges and clearance certificate in respect of Service No. X2-907586 under disconnection, which is existing in the house premises and get it registered in the Customer Service Center. The compliant was disposed off accordingly by the Forum below.

3. Aggrieved by the said order the appellant herein preferred the above mentioned appeal raising several contentions. Respondent No. 2 submitted written submission in the present appeal. The Vydyut Ombudsman is of the opinion that it is not necessary to go into all the contentions raised by the parties at this stage, except to those which are necessary to pass this interim order in this appeal.

4. The representative of the appellant stated that the appellant is deprived of having electricity supply to his house for many years. As mentioned above, the Forum below stated that the appellant shall submit a fresh application for new service connection by paying necessary fees and also required documents, including clearance certificate in respect of Service Connection No. X2-907586 under disconnection. In the present appeal it is stated that the above mentioned service connection was dismantled and domestic Service Connection No. X2-6460 under Category-I was allotted and the appellant is regularly paying CC charges for long time in respect of said S.C. No. X2-6460. On the other hand, the contention of the respondent No.2 is that S.C. No. X2-907586 is in the name of Syed Sharffiuddin, H. No. 23-2-420 / 421, Moghalpura, Hyderabad which service connection was existing in the same premises with huge arrears of Rs. 73,065/-. It is also the contention of respondent No.2 that the premises No. 23-2-421 / 420 / E is newly created to avoid payment against the under disconnection service. The Ombudsman is of the opinion that at present it is not justified to give any a finding with regard to above rival contentions of the parties, which can be decided in due course of time and at the time of passing final orders in the appeal , after hearing of both the parties.

5. During the hearing of the main appeal, the grievance of the appellant mentioned in the appeal could not be settled by way of mutual agreement as required under clause 11 of Regulation No. 1 of 2004. Consequently, respondents were directed to file written submissions in the main appeal. Thereafter, the appellant made oral submissions and stated to the Ombudsman that he is ready to pay requisite fee and also submit necessary documents, therefore, the respondents may be directed to provide new service connection. The Ombudsman orally informed respondent Nos.1 & 4 who were present on 04.08.2008 during the course of hearing that in case the appellant files a fresh application by paying requisite fee and also necessary documents, he may be provided new service connection.

6. On 20.08.2008 the Ombudsman received a letter from the appellant that he completed all the requisite requirements for the domestic electrical connection and the meter has been sent to A.E Moghulpura. Section Officer, Moghulpura Mr. Munir informed him that the electric meter is received but the interim orders of the Ombudsman are needed, to provide the domestic connection and requested Ombudsman to give appropriate instructions to provide domestic connection. The appeal was posted for hearing to 25.08.2008. On 25.08.2008 the representative of the appellant insisted to pass interim orders by the Ombudsman for providing service connection to his house. As the respondent No. 1 was not present, the matter was adjourned to 26.08.2008. On 26.08.2008 the representative of the appellant and respondent Nos. 1 & 4 were present. The representative of the appellant insisted to pass interim orders pending final orders in the appeal as he submitted application for a fresh connection. Respondent No. 1 who is present has stated that the documents submitted by appellant does not contain H. No. 23-2-421/420/E except on the application submitted by him. He further stated that there is no house bearing No. 23-2-421/420/E. The respondent No. 1 also gave copies of the application and other documents submitted by the appellant.

7. As appellant is not having domestic service connection for a long time, the Ombudsman felt it necessary and proper to pass interim orders in this matter without prejudice to the contentions of the parties, which is subject to modification(s) at the time of passing the final order after taking into consideration on material available on record. Clause No. 8 (1) (b) of Regulation No. 1 of 2004 also empowers the Ombudsman to pass such interim orders as may be considered appropriate pending the decision and settlement of the appeal / representation.

8. The Ombudsman pursued the copies of the documents filed by the appellant before the respondents concerned for new demotic service connection to his premises. The Gift Deed and copy of the ration card would disclose that the H. No. as 23-2-420 / 421. It is not mentioned in those documents that the said house bears No. 23-2-421 / E. No doubt the application submitted by the appellant contains the H.No. 23-2-420 / 421 /E. The contention of the respondent No. 1 is that as the documents submitted would not refer to H. No. 23-2-420 / 421 /E, he could not provide the service connection. Under the above circumstances, the Ombudsman is of the view that service connection may be provided to the house of the appellant treating H. No. as 23-2-420 / 421. The representative of the appellant has stated to the Ombudsman during the course of hearing that he would file all necessary material afterwards at the time of disposal of appeal to show that his house bears No. 23-2-420 / 421 /E. The next contention of the respondent No. 1 that there are arrears to the service connection X2-907586 pertaining to H. No. 23-2-420 / 421 and the said arrears are not paid so far. Respondents filed copy of the consumption, billing, collection and arrears history with regard to service connection X2-907586, wherein the address for the said service connection is mentioned as 23-2-420 / 421. The arrears as July, 2008 is Rs. 73,065/-. The said aspect will be decided in the appeal at the time of passing final orders.

9. Under the above circumstances the Ombudsman passed the following interim orders.

a) The respondents are directed to provide new service connection to the house of appellant for the present as the appellant paid the required amount and to treat the house No. as 23-2-420 / 421. The respondent concerned is directed to intimate the same to the Ombudsman.

b) After availing service connection, the appellant is directed to pay consumption charges as per rules.

c) The above interim orders are passed subject to the final order to be passed in the main appeal after taking into consideration the contentions of the parties concerned and the material available on record.

Appeal No. 10 of 2008

Between

And

9. Under the above circumstances the Ombudsman passed the following interim orders.

a) The respondents are directed to provide new service connection to the house of appellant for the present as the appellant paid the required amount and to treat the house No. as 23-2-420 / 421. The respondent concerned is directed to intimate the same to the Ombudsman.

b) After availing service connection, the appellant is directed to pay consumption charges as per rules.

c) The above interim orders are passed subject to the final order to be passed in the main appeal after taking into consideration the contentions of the parties concerned and the material available on record.

This order is corrected and signed on this 27th day of August 2008.

VIDYUT OMBUDSMAN

This order is corrected and signed on this 27^th day of August 2008.