Distribution transformer installation costs must be borne by the licensee, while consumers are only liable for connection supply charges.

ORDER :

M. Dhandapani, J.

Two sets of writ petitions have been filed, viz., one challenging the order passed by the Tamil Nadu Electricity Ombudsman (for short ‘TNEO’) and the other by the Tamil Nadu Electricity Regulatory Commission (for short ‘TNERC’), in and by which both the authorities have directed the refund of the excess charges collected from the respective petitioners, who are respondents herein, with regard to installation of Distribution Transformers. The said orders are put to test by the petitioners by filing the present writ petitions.

Facts in the writ petitions assailing the order of TNEO :

2. It is the case of the petitioners that the respective 2nd respondents had developed a group housing project consisting of multiple apartments, viz., dwelling units and had sought new LT Domestic connection vide application application on various dates, as stated in the affidavit and the respective Assistant Engineer had arrived at the total required load and sanction was also accorded.

3. It is the further case of the petitioners that based on the above order, estimate was given by the Assistant Engineer vide slip for the respective 2nd respondents to pay the sum as mentioned in the slip towards for laying cable, erection of four pole structure, erection of distribution transformer, DT metering, laying of UG cable and erection of LT switch gear along with GST charges. The said amount was also paid by the 2^nd respondent on 3.9.2020 and service connections were effected to the entire dwelling units.

4. It is the further case of the petitioner that after payment of the charges on 3.9.2020 and availing connection, the respective 2nd respondents preferred a complaint before the Consumer Grievance Redressal Forum, Chennai, EDC/South 2 challenging the levy of estimate charges as mentioned in the respective slips. It was the case of the respective 2nd respondents herein before the Consumer Grievance Redressal Forum, Chennai, that inclusion of price/cost of transformers, equipment, cable, line cost in the category of estimate charges is contrary to TNERC Regulations when the respective 2nd respondents had already provided sufficient space for development of substation and for erection of transformers. It was the further contention of the respective 2nd respondents that the petitioners herein did not seek the approval for levy of estimate charges from TNERC and, therefore, the respective 2nd respondents had no other option, but to pay the estimate charges due to the undue delay in processing the application of the 2^nd respondent.

5. It is the further case of the petitioners that counter affidavit was filed in the said petition claiming that the estimated charges collected is as per Regulation 45 (1) and Regulation 29 (16) of the Tamil Nadu Electricity Distribution Code (for short ‘Distribution Code’).

6. It is the further case of the petitioners that the respective 2nd respondent preferred an appeal before the 1^st respondent herein in which counter was also filed by the petitioners herein and after hearing both the parties, the 1st respondent passed the respective order as impunged in the respective writ petitions directing the petitioners to revise the estimate and to refund the excess charges including the equipment cost to the respective 2nd respondents within a period prescribed in the said order. Further direction was also given by the 1st respondent to revise the estimate for all such similar cases and refund the excess charges collected to the consumer. Aggrieved by the said order in and by which order of refund of excess charges was made to the 2^nd respondent herein as also to the persons, who have not approached the 1^st respondent, the present set of writ petitions have been filed.

Facts in the writ petitions assailing the order of TNERC :

7. It is the case of the petitioners that the respective respondents are the owners of the flat and they had applied for domestic service connection for their newly constructed apartment. It is t