Regulation 3.5 and 3.6 of the Regulation 2020 provide for individual connection in the case of single point bulk supply, and the court upheld the CGRF's order based on these regulations.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the Communication dated 26.08.2022, made by the respondent no. 2, The Uttarakhand Power Corporation Limited Electricity Distribution Division, Rudrapur (“UPCL”). By it, the petitioner has been informed that new electricity connection to the residents of the petitioner’s society shall be given in accordance with the judgment of the Consumer Grievance Redressal Forum, Udham Singh Nagar (“CGRF”) at Rudrapur, passed in Complaint No. 99/2021-22.

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner that the petitioner’s association is a Resident Welfare Association of the Metropolis City situated in SIDCUL, Rudrapur, District Udham Singh Nagar, which is responsible for the maintenance and up-keeping of the common areas of the Metropolis City. There were certain disputes in the beginning, which were settled by the Real Estate Appellate Tribunal (RERA). The Metropolis City is having self operated STP, self operated water supply system and maintenance of house keeping of the other common areas. It also has a single point bulk supply connection from which the power supply is given to all the residents. As per the infrastructure developed, individual house owners/residents are provided the pre-paid meter, and the sanctioned load is duly monitored. A system is also put in place that in case the load exceeds the sanctioned load, the electricity line trips.

4. It is the case of the petitioner that the respondent no. 1, Mr. Rajiv Bhatnagar made a complaint before the CGRF under Section 42(5) of the Electricity Act, 2005. In that proceedings, in fact, the petitioner’s association has no objection to the effect that individual connection may be issued to the complainant. The CGRF, by its judgment and order dated 17.06.2022, has directed the UPCL to provide individual electricity connection to the residents, including the respondent no. 1, pursuant to which the impugned communication has been made. It is also the case of the petitioner that if individual electricity connections are provided from the bulk connection, the petitioner may not be in a position to monitor the consumption, and in case of excess load than the sanctioned load, any mechanism may not be put in place, which may ultimately disturb all the other residents of the petitioner’s society. The petitioner raised its voice, but it was unanswered. Hence, the petition.

5. The respondent no. 1 has filed its counter affidavit. According to him, the electricity connection is not in the name of the petitioner. It is in the name of the developer, who is the respondent no. 3, M/s Assotech-Supertech JV.

6. The respondent no. 1 has relied on Regulation 3.6 of UERC (The electricity Supply Code, Release of New Connection and Related Matters) Regulations, 2020 (“the Regulation 2020”) and has stated that this Regulation entitles the respondent no. 1 for individual connection. The respondent no. 2 in its counter affidavit has also relied on Regulation 3.6 of the Regulation 2020 stating that the respondent no. 1 is entitled for individual connection.

7. The respondent no. 3 was issued notice. Despite service, the respondent no. 3 has not been represented.

8. Learned counsel for the petitioner would submit that the petitioner’s Society is functioning in a proper manner; there has been no complaint whatsoever with regard to the excessive charges; it is a huge city; all the affairs of the Society are being run in accordance with the applicable Rules and Regulations. He would submit that, in case, individual connections are provided from the facility of the petitioner, it may create lot of problems; overloading may not be controlled and the petitioner would be burdened with multiple other acts of maintaining individual data, etc.; it would lead to some financial impediments because in case, individual connection is given from the existing facility of the petitioner, the petitioner would