K. N. RAVEENDRANADHAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) To light up a tiny bulb in his tiny house Sainuddeen had to walk from pole to pole. An order of the Consumer Grievance Redressal Forum (CGRF) in his favour could not dispel the darkness at his home and the State Electricity Regulatory Commission mulcted two officers of the Board for delay in giving electricity connection and thus these two officers are before this Court.

(2.) Sri. P. Sainuddeen, the 3rd respondent applied for electric connection to his newly built house of 300 square feet extent before the Assistant Engineer, Electric Section, Edarikkode, (hereinafter referred to as 'AE' for brivity) vide his application dated 20.05.2013. The AE, by Ext.P1 letter dated 28.05.2013, informed the 3rd respondent that the house is constructed without keeping the minimum distance from the Low Tension electric line (L.T. line) and that only after shifting the electric line, the electric connection can be given. Aggrieved by the said stand of the AE and complaining of the delay in granting electric connection, the 3rd respondent filed Ext. P2 complaint under Section 43 (3) of the Electricity Act, 2003 (hereinafter referred to as 'the Electricity Act' for short) before the CGRF constituted under the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005 (herein after referred to as 'Regulations 2005' for brevity).

(3.) As evident from Ext. P3 minutes of hearing, the CGRF (North), Kozhikode directed the parties to inspect the property jointly and prepare a sketch showing feasible line. The minutes also shows the statement made by the Assistant Executive Engineer (AEE) before the CGRF wherein it is stated by the AEE that maintenance of statutory clearance of 2.7 meters between L.T. line and the 3rd respondent's house was necessary and the existing distance is only 30 cms. After hearing the parties, the CGRF (North), Kozhikode by Ext.P4 order dated 26.11.2013, directed the AEE and the AE; the writ petitioners 1 and 2 respectively, to shift the LT line as per the plan and estimate submitted by the AEE and AE after collecting the estimate amount from the 3rd respondent and to give electric connection to the 3rd respondent within 21 days of receipt of the said order.