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Bihar Electricity Regulatory Commission
Vidyut Bhawan-II, Nehru Marg, Patna-800021
Case No. Misc. 03/2014
In the matter of:
Complaint petition for non-compliance of S.O.P.
against North Bihar Power Distribution Company Ltd.
And
In the matter of
Shri Manoj Kumar Singh, Vill- Ata,
P.S. Marhaura, Dist. Saran
Vs.
North Bihar Power Distribution Co. Ltd.
... Petitioner
... Respondent
Coram:
1.
2.
Sri U. N. Panjiar – Chairman
Sri S.C. Jha- Member
Appearance: On behalf of NBPDCL
1.
2.
Sri Jayant Kumar Dubey, EEE (Com.)
Mr. Prabhat, AEE (RMR)
On behalf of NBPDCL
Date of hearing-11.02.2015, 26.02.2015, 17.03.2015 and 07.04.2015
Order
Dated: 05th May, 2015
During the public hearing organized on 05.02.2014 in the meeting
hall of District Magistrate, Chapra for comments/ suggestions/ objections
on the tariff petition filed by N.B.P.D.C.L. for F.Y. 2014-15, about 16
persons submitted their written complaint petitions against North Bihar
Power Distribution Company Ltd. for non-compliance of the provisions of
Bihar Electricity Regulatory Commission (Standards of Performance of
Distribution Licensee) Regulations, 2006.
2.
The petitions were registered as Case no. Misc 3/2014 and all
complaint petitions were forwarded to Managing Director, NBPDCL
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for compliance vide letter no.258 dated 10.03.2014 directing
NBPDCL to take appropriate action and submit compliance report
within a month. In response, the Electrical Executive Engineer,
Electricity Supply Division, Chapra submitted compliance report to
Chief Engineer (Com.), N.B.P.D.C.L. vide letter no.692 dated
14.05.2014 stating therein that out of 16 petitions, the complaints
of 13 petitioners had already been redressed. Two complainants
were duplicatessame and one remaining petition was yet to be
complied. Chief Engineer (Com.), North Bihar Power Distribution
Company Ltd. forwarded compliance report of Electrical Executive
Engineer, Supply Division, Chapra to Bihar Electricity Regulatory
Commission vide letter no.1031 dated 17.06.2014. It was assured
that the rest one complaint petition of Shri Manoj Kumar Singh will
be complied and the report will be submitted later on. The
Commission, vide its letter no.892 dated 15.9.2014, directed Chief
Engineer (Commercial) to comply with the petition of Shri Manoj
Kumar Singh within 15 days and submit compliance report to the
Commission. But no compliance report was submitted by North
Bihar Power Distribution Company Limited.
3.
Next year public hearing was scheduled on 12.01.2015 in the
meeting hall of the District Magistrate, Chapra for seeking the
comments/ suggestions/ objections on the tariff petitions filed by
North Bihar Power Distribution Company Ltd. for the Financial Year
2015-16. During the hearing, Sri Basudeo Prasad Singh, F/o Sri
Manoj Kumar Singh appeared before the Commission and again
submitted a complaint petition stating therein that his complaint
petition which was submitted on 5.2.2014 is still pending in the
office of the Electrical Executive Engineer, Electric Supply Division,
Chapra after so many reminders and several reminders and
personal approach.
4.
The complaint of the petitioner is that he is a electricity consumer
since March, 1988 and he has deposited the electricity charge of
one month in October, 1988. On 22.11.1991 the transformer was
BERC<SURESH>
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burnt in the village of the petitioner. On 23.5.1992 the electricity
pole and wire was damaged due to heavy storm and the electric
supply was fully disrupted. The new transformer was installed in
the year 2002 but due to damaged electric pole and wire, consumers
did not avail facilities of electricity between 22.11.1991 to till 2002
but during the said period, electricity bills were served on the
consumers. Therefore, the serving of bills for the said period is
illegal. The petitioner requested the Electrical Executive Engineer to
rectify the bill of said period but no rectification was done by
Electrical Executive Engineer, Electric Supply Division, Chapra. The
petitioner has been making efforts and going to the office of the
Electrical Executive Engineer, Electric Supply Division, Chapra for
the last 15 years to get his grievance redressed, but it is pending for
redressal.
5.
The complaint petition received from Sri Basudev Singh, F/o Sri
Manoj Kumar Singh on 12.1.2015 was sent to Electrical Executive
Engineer, Electric Supply Division, Chapra and Chief Engineer
(Com.), North Bihar Power Distribution Company Ltd., Patna for
redressal and submission of compliance report. Due to nonsubmission of the compliance in the matter by NBPDCL, the
Commission decided to hear the complaint petition on 11.02.2015
for which notice was issued to NBPDCL vide letter no.136 dated
29.01.2015. Sri Jayant Kumar Dubey, Electrical Executive Engineer
(Com.), North Bihar Power Distribution Company Ltd. appeared
before the Commission but Electrical Executive Engineer, Electric
Supply Division, Chapra was not present before the Commission.
The representative of North Bihar Power Distribution Company Ltd.
prayed for 15 days' time to file compliance report in the matter. The
Commission observed that this was a serious negligence on the part
of the licensee and field officers to delay the redressal and disposal
of the grievance petitions. This shows indifferent attitude and
negligence of its field officers in discharging their obligations and
responsibilities towards consumers. This also amounts to violation
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of provisions of BERC (Standards of Performance of Distribution
Licensee) Regulations, 2006. The Commission fixed next date of
hearing on 26.02.2015.
6.
On 26.02.2015, neither Electrical Executive Engineer, Electric
Supply Division, Chapra appeared before the Commission nor
submitted any compliance report. Sri Jaykant Kumar Dubey,
Electrical Executive Engineer (Com.) appeared on behalf of North
Bihar Power Distribution Company Ltd. stated that Electrical
Executive Engineer, Supply Division, Chapra had been informed by
North Bihar Power Distribution Company Ltd. to submit reply and
also assured that the reply would be submitted within 15 days. The
next date of hearing was fixed on 17.03.2015. A copy of the order of
the Commission dated 26.02.2015 was sent to Electrical Executive
Engineer, Electric Supply Division, Chapra vide letter no.286 dated
09.03.2015 by post and by e-mail.
7.
On 17.03.2015 also neither Electrical Executive Engineer, Electric
Supply Division, Chapra appeared before the Commission nor
submitted any compliance report in the matter. Representative of
NBPDCL Sri Jayant Kumar Dubey, Electrical Executive Engineer
(Com.) appeared before the Commission and again prayed for 15
days time to file reply. The prayer was allowed by the Commission
and the next date of hearing was fixed on 07.04.2015. The
Commission after hearing the representative of North Bihar Power
Distribution Company Ltd. decided to issue show cause notice to
Electrical Executive Engineeer, Electric Supply Division, Chapra
under section 142 of Electricity Act, 2003 for non-compliance of the
order of Commission with direction to submit show cause by 7th
April, 2015 directing him to show cause also why penalty should
not be imposed for non-compliance of direction of the Commission.
Show cause notice was issued to Electrical Executive Engineer,
Electric
Supply
Division,
Chapra
vide
letter
no.356
dated
25.03.2015 by post and e-mail. The Commission again directed him
to appear on 07th April, 2015 and submit his show cause for nonBERC<SURESH>
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compliance of the order of the Commission under section 142 of the
Electricity Act, 2003.
8.
The Electrical Executive Engineer, Electric Supply Division, Chapra
neither submitted any reply to show cause notice nor appeared
before the Commission on 07.04.2015. Sri Prabhat, AEE, RHR the
representative of NBPDCL appeared before Commission and stated
that he is not acquainted with the subject matter. NBPDCL has also
not filed any reply regarding redressal of the complaint petition of
Sri Manoj Kumar Singh, son of Shri Basudeo Prasad Singh which is
pending before Electrical Executive Engineer, Electric Supply
Division, Saran (East) for more than one year. On several dates
NBPDC was directed to file the compliance report but no compliance
report has been filed as yet.
9.
Finally, much after completion of the hearing, Electrical Executive
Engineer, Electric Supply Division, Chapra (E) has informed through
e-mail on 20.4.2014 that the complaint of the petitioner Shri Manoj
Kumar Singh has been disposed of and the erroneous energy bill of
Rs.33,484.00 has been rectified and fresh energy bill of Rs.1,746.00
has been served to the petitioner on 12.4.2015. Electrical Executive
Engineer, Electric Supply Division, Sasran (East) has enclosed a
letter of confirmation by the petitioner in which it is mentioned that
the petitioner has deposited the rectified amount on 13.4.2015 and
now he has no grievance against the Electrical Executive Engineer,
Saran (East).
10.
Observation of the Commission
In view of the facts stated above, the Commission observes
that Electrical Executive Engineer, Electric Supply Division, Chapra
has scant regard for the directions of the Commission and shows
utter negligence and deliberate non-compliance of the order of the
Commission and non-consideration towards redressal/ disposal of
the grievances/ complaint petitions. The Commission provided
ample opportunity to NBPDCL and Electrical Executive Engineer,
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Saran to submit compliance but they did not pay heed to the
direction of the Commission. He complied with the direction of the
Commission after completion of the hearing when the order was
reserved. Now, the Commission has no option but to impose penalty
under section 142 of the Electricity Act, 2003. Electrical Executive
Engineer, Electric Supply Division, Saran (East) has certainly
contravened the provisions under section 142 of the Electricity Act,
2003 and the provisions of serial no.13 of the Schedule to BERC
(Standards of Performance of Distribution Licensee) Regulations,
2006.
Section 142 of the Electricity Act, 2003 provides as stated
below:“142.
Punishment for non-compliance of directions by
Appropriate Commission. - In case any complaint is filed
before the Appropriate Commission by any person or if that
Commission is satisfied that any person has contravened
any of the provisions of this Act or the rules or regulations
made thereunder, or any direction issued by the Commission,
the Appropriate Commission may after giving such person an
opportunity of being heard in the matter, by order in writing,
direct that, without prejudice to any other penalty to which
he may be liable under this Act, such person shall pay, by
way of penalty, which shall not exceed one lakh rupees for
each contravention and in case of continuing failure with an
additional penalty which may extend to six thousand rupees
for every day during which the failure continues after
contravention of the first such direction.”
11.
Similarly, the provision under section 26 of
BERC (Standards of
Performance of Distribution Licensee) Regulations, 2006 (S.O.P.) is
stated as below:Section 26: Guaranteed Standards of Performance
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"The standards of performance specified in the Schedule
mentioned
hereinafter,
Standards
of
shall
Performance
be
the
being
Guaranteed
the
minimum
standards of service that a Distribution Licensee shall
achieve in discharge of his obligations as a Distribution
Licensee".
12.
Serial no.13 of the Schedule of Regulation 26 provides that any
grievance received for rectification of electricity bill, should be
rectified within24 hours or within 7 days if additional informations
are required. It appears that Electrical Executive Engineer, Electric
Supply Division, Saran (East) has contravened the above provision
under section 142 of the Electricity Act, 2003 and Regulation 26 of
BERC
(Standards
of
Performance
of
Distribution
Licensee)
Regulations, 2006 because he has rectified the electricity bills of
the petitioner after a lapse of about 13 years. The petitioner has
been continuously trying and approaching to the office of the
Electrical Executive Engineer, Electric Supply Division, Saran for
redressal of his grievance since 1996. Letter no.935 dated
18.04.2014 of Electrical Executive Engineer, Electric Supply
Division, Marhowra addressed to AEE, Marhowra has been
enclosed with the complaint petition which indicates that AEE,
Electric Supply Division, Marhowra was to investigate into matter
and ensure redressal of the grievance of the consumer petitioner.
But even after a lapse of nearly a year, the grievance of the
petitioner had not been complied. This is utter negligence and
violation/contravention
of
the
provisions
of
the
Act
and
Regulations and order of the Commission and higher officers of the
licensee.
13. The compliance report submitted by Electrical Executive Engineer
(Chapra) proves that the erroneous energy bill has been rectified
after a lapse of about 13 years from the incident and after more
than one year from the complaint filed before Commission and the
Commission had to pursue the matter for one year for such a small
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thing. It was to be rectified within 7 days from the date of receipt of
the complaint petition from the consumer.
14. In the light of the facts and circumstances stated above,
Commission is satisfied that the Electrical Executive Engineer,
Electric Supply Division, Saran (East) and Assistant Electrical
Engineer,
Electric
Supply
Sub-Division,
Marhowra
have
contravened the provision of section 142 of the Electricity Act,
2003 and provisions under sl. no.23 of the BERC (Standards of
Performance of Distribution Licensee) Regulations, 2006 for One
Lakh only). However, taking a lenient view of the matter, the
Commission considers it appropriate to impose token penalty on
the NBPDCL and its erring officials in the instant case. Therefore,
the Commission directs NBPDCL as below:(a) A Penalty of Rs.50,000.00 (Fifty Thousand only) is imposed
on NBPDCL, a penalty of Rs.1,000.00 (One Thousand) on
defaulting Electrical Executive Engineer(s) and Rs.1,000.00
(One Thousand only) on Assistant Electrical Engineer(s),
Electric Supply Sub-Division, Marhowrah respectively. The
amount of penalty will be deposited by them in District
Treasury of the Govt. of Bihar by 15.5.2015.
(b) NBPDCL is directed to collect the copy of the Treasury
Challan and submit to the Commission by 20.05.2015.
(c) Managing Director, NBPDCL is directed to comply with the
order of the Commission within stipulated time and submit
compliance report by 29.5.2015.
15.
Commission will
review the compliance
of
the
29.5.2015 at 11 A. M.
Sd/(S. C. Jha)
Member
BERC<SURESH>
Sd/(U. N. Panjiar)
Chairman
order on