VIDYUT OMBUDSMAN
5th Floor, Singareni Bhavan, Red Hills, Hyderabad –500 004.

 

Dated 12-06-2007

 

Present

K.Rajagopala Reddy, Director (Law) and

Vidyut Ombudsman

 

Appeal No.11 of 2007

 

 

 

Between

 

Sri S.A.Shareef,

Flat No.111, Central Park Apartments,

No.7-1-207, Ameerpet, Hyderabad.                                                                                        ...                     Appellant

           

and

 

1)      Assistant Engineer/Operation, APCPDCL,

S.R.Nagar, Hyderabad,

2)      Assistant Accounts Officer/ERO, APCPDCL,

Greenlands, Hyderabad                                                                                                      ...                      Respondents

 

 

 

The representation dated 20.03.2007 of the Appellant has come up for settlement before the Vidyut Ombudsman on 28.05.2007 and 08.06.2007 in the presence of Sri Shaik Shafi, representative of the appellant and Sri Srikanth, Asst.Engineer/Operation, APCPDCL, S.R.Nagar, Hyderabad (Respondent No.1) and Mrs.Ramadevi, Asst.Accounts Officer/ERO, APCPDCL, Greenlands, Hyderabad (Respondent No.2).  However, as settlement of the representation by mutual agreement between the Appellant and the Respondents could not be arrived at between the parties, the Vidyut Ombudsman passed the following:

 

A W A R D

            Aggrieved by the Order dated 07.03.2007 of the Forum for Redressal of Consumer Grievances of APCPDCL, Hyderabad in C.G.No.84/2006-07/Hyderabad (North) Circle, the Appellant filed a representation before the Vidyut Ombudsman on 20.03.2007.

 

2.         As per Andhra Pradesh Electricity Regulatory Commission (Establishment of Forum and Vidyut Ombudsman for Redressal of Grievances of the Consumers) Regulation, 2004, the Vidyut Ombudsman is endeavored to promote settlement by mutual agreement between the Appellant and the Respondents through conciliation.

 

 

3.         On 08.06.2007, Sri Shaik Shafi, representative of the Appellant gave a representation addressed to Vidyut Ombudsman stating that ten (10) installments may be granted for payment of total amount of arrears up to the month of June, 2007 and requested not to levy surcharge and penal interest on the arrears required to be paid by the Appellant.  On behalf of the Appellant, an undertaking is also given to the effect that future bills also will be paid along with the installment of arrears.

 

 

4.         As per the letter No.SE/OP/North/Hyd/AO(R)/CRS/JAO/D.No.3285/2007 dated 15.03.2007 of the Superintending Engineer, Operation North Circle, Hyderabad, the Appellant is granted four installments of Rs.5875/- each for payment of arrears by the Appellant on 15th of every month commencing from the month of March, 2007.  In addition to payment of the total amount of Rs.23,500/- in equal monthly installments as stated above, the Superintending Engineer also directed the Appellant to pay penal interest and surcharge as per terms and conditions of supply.

 

5.         As per the letter submitted on 08.06.2007, the Appellant paid first installment of Rs.5875/- and got the service restored.  Since he failed to pay the 2nd installment as directed by Superintending Engineer, the service connection of Appellant was disconnected again.  The representative of the Appellant expressed inability to pay an amount of Rs.5875/- every month towards arrears in addition to payment of current charges for consumption of electricity and pleaded for grant of 10 installments for payment of arrears. 

 

6.         On the other hand, the respondents did not agree to grant more number of installments for payment of arrears and waiver of surcharge or penal interest on the arrears due from the Appellant. 

 

7.         As per the electricity bill dated 08.04.2007, submitted by the Appellant along with a memo on 08.06.2007, the appellant has to pay an amount of Rs.33115/- (Rupees thirty three thousand one hundred and fifteen only).

8.         As the endeavour to settle the dispute by mutual agreement between the Appellant and the Respondents failed, Vidyut Ombudsman has no alternative except to pass an award in this matter.

 

9.         After carefully considering the representation of the Appellant and the pleading to enlarge the number of installments because of financial burden, the Vidyut Ombudsman is of the opinion and in the interest of justice, direct the Appellant to pay the total amount of arrears of Rs.34,150/- including the charges for consumption of electricity up to the month of June, 2007 in ten(10) equal monthly installments as a special case.  The Appellant is directed to pay the first installment on or before 15.06.2007. On payment of first installment on or before 15.06.2007, the respondents are directed to restore the service connection of Appellant.  Every subsequent installment shall be paid by the Appellant on or before 15th of that month along with consumption charges for the current month as per the bills.

 

10.       The Appellant is permitted to pay the total amount of arrears i.e. Rs.34,150/- (Rupees thirty four thousand one hundred and fifty only) without surcharge and penal interest on the said amount.

 

11.       If the Appellant fails to pay any one of the monthly installments towards arrears due on or before 15th of that month, he is liable to pay surcharge and penal interest as per the terms and conditions of supply on such installment amount due from the Appellant.  With regard to payment of electricity charges for current consumption, terms and conditions of supply shall apply.

 

 

 

This award is corrected, signed and issued on 12th day of June, 2007.

                                                                                                             

VIDYUT OMBUDSMAN