BSES RAJDHANI POWER LIMITED Vs. S.K. BHATIA

JUDGEMENT

(1.) BY the present petition, petitioner seeks to challenge the legality, validity and propriety of the order dated 2.5.2011 passed by the Consumer Grievance Redressal Forum by which on a complaint filed by respondent No. 1 the CGRF has directed the petitioner to shift an Electric Pole being an LV Main Pole near House No. 3/105 in Subhash Nagar area of New Delhi falling within the area of supply of the petitioner, without insisting for any cost for shifting of the Electric Pole. According to the petitioner, the impugned order is against the mandate of the Electricity Act, 2003 and the Regulations and Rules framed thereunder.

(2.) THE respondent no.1 had filed a complaint by way of an e-mail dated 15.3.2011 seeking re-location of the LV Main Electric Pole carrying conductors and wires of the distribution network near house No.3/105, Subhash Nagar, New Delhi on the ground that the pole stands in the middle of the road and thus causing disruption of the traffic in the area.

(3.) IT is further the case of the petitioner that in case the LV Main Electric Pole is to be shifted, the cost of such shifting and re-location would have to be borne either by respondent no.1 or the land owning /maintaining authority, which is the Municipal Corporation of Delhi, respondent no.3 herein; moreover for shifting of any pole and re-location, permission for road cutting and excavation to carry out the work is required from the MCD.