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2010 Supreme(All) 2844

[2010(9) ADJ 69 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND K.N. PANDEY, JJ.
EXECUTIVE ENGINEER, ELECTRICITY URBAN DISTRIBUTION DIVISION-IIND ....Petitioner
Versus
ELECTRCITY OMBUDSMAN LUCKNOW AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 47592 of 2010, decided on 23rd August, 2010)

Advocates:
Counsel :
Ms. Usha Kiran for the Petitioner; P.K. Tyagi, Smt. Archana Tyagi and Pankaj Kr. Tyagi for the Respondents.

Headnote:Arbitration and Conciliation Act, 1996—Section 34—U.P.E.R.C. (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulation, 2007—Section 8(1)—U.P. Electricity Supply Code, 2005—Para 4.6(a)—Electricity Act, 2003—Section 42(6)—Award—Electricity Ombudsman—Sanction of electricity connection to tube-well of respondent-3 by Executive Engineer, E.U.D. Division II—Respondent deposited acquisite amount—Department gave a fresh estimate to respondent from a different line, which falls under E.D. Division I at a distance of 900 metre from tube-well, as against distance of 750 metre of electricity line of urban feeder—Complaint by respondent-Ombudsman found that there was no justification to delay installation—He also found that if supply is given from urban feeder, complainant can be filled in accordance with 5.3 (b) of Rate Schedule—Award given by Electricity Ombudsman, has same flavour as of an award by an Arbitral Tribunal—And can be challenged on limited grounds, such as provided under Section 34 of Artibration and Conciliation Act, 1996—It was not found that grounds taken to challenge award of Electricity Ombudsman fall under any of conditions akin to, and provided under Section 34 of Act of 1996—There is no challenge to capacity, opportunity of hearing, or exclusions of dispute to be considered by Electricity Ombudsman—Petitioner has also not challenged award on ground of competency of Electricity Ombudsman—It is also not opposed to any public policy—Thus, petition liable to be dismissed. [Paras 3, 4, 6,12, 14,15 and 16]

       Result; Petition Dismissed.

       

JUDGMENT

By the Court.—We have heard Ms. Usha Kiran for the petitioner - Executive Eningeer, Electricity Urban Distribution-II, Saharanpur. Sri P.K. Tyagi appears for respondent No. 3 - Sri Shivpal Singh Yadav. .

2. The petitioner is aggrieved by orders passed by the Consumer Grievance Redressal Forum, Saharanpur dated 14.12.2009 in complaint case No. 7 of 2009 (Shiv Pal Singh Yadav v. Executive Engineer, Electricity Urban Distribution Division-II, Saharanpur) and the order of the Electricity Ombudsman dated 16.4.2010 in Reference No. 21 of 2010 (Executive Engineer, Electricity Urban Distribution Division-II, Saharanpur v. Shiv Pal Singh Yadav and another), whereby the Ombudsman has rejected the reference and has upheld the directions given by the Consumer Grievance Redressal Forum, Saharanpur (CGRF). He has further given directions to the petitioner to instal meter and connect it from urban feeder for supply of electricity to respondent Sri Shiv Pal Singh Yadav within 15 days and thereafter billing of the connection shall be made under rate schedule L.M.V - 5.3 (B) in accordance with urban feeder.

3. The facts giving rise to the present are that an application was made by respondent No. 3 - Sri Shiv Pal Singh Yadav for sanction of electricity connection to his tube-well. The Executive Engineer, Electricity Urban Distribution Division-II, Saharanpur by his letter No. 413/86572 dated 18.7.2007 sanctioned line order No. 01025, for the connection. The respondent No. 3 Sri Shiv Pal Singh Yadav had deposited the requisite amount of Rs. 48,575/- for electricity connection for the tube-well, vide receipt No. 8/164104 dated 18.9.2007. The department did not draw electricity line and instal meter for the reason, that electricity supply to the tube-well of the respondent was to be made from Kailashpur Electricity Sub-Centre, which was under the Electricity Distribution Division-II, Saharanpur; after the re-demarcation of the area, the tube-well of the petitioner has now fallen under the 66 KV Sub Station, Janakpuri, which falls under the Electricity Urban Distribution Division-II, Saharanpur, vide letter No. 4187 dated of the Executive Engineer, Electricity Urban Distribution Division-II, Saharanpur.

4. The department gave a fresh estimate to respondent - Sri Shiv Pal Singh Yadav from a different line, Gunna Sub Station, which falls under the Electricity Distribution Division - I, Saharanpur, at a distance of 900 mtr from the tube-well, as against the distance of 750 mtr of electricity line of urban feeder.

5. Sri Shiv Pal Singh Yadav filed a complaint in Consumer Grievance Redressal Forum, Saharanpur with prayers to energise his connection, on the estimate prepared by the Electricity Department, and sanctioned on 18.7.2009 and to compensate him with the losses of Rs. One lac for loss of the agriculture production. Apart from claiming a right for electricity supply in accordance with the amount deposited by him on 18.9.2007 and sanctioned on 18.7.2009, he submitted that the alternative line suggested by the department to draw electricity line from rural feeder of Gunna Sub Station under Electricity Distribution Division - I, Saharanpur, will have to pass through several agricultural fields of the neighbouring farmers; they will not allow the department to instal electricity polls or passing of high-tension electricity line through their agricultural fields, giving rise to disputes.

6. The members of CGRF, Saharanpur considered the complaint and the reply given by the department. They found that complainant had deposited the estimate amount in September 2009, and according to the rules the electricity line should have been drawn and connection/meter installed within 90 days of the deposit. The department neglected in installing the connection, on account of which the complainant has suffered losses in agriculture production. The CGRF, Saharanpur issued directions to provide electricity connection to the complainant’s tube-well on the old




























































































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