BABASAHAB AMBEDKAR BACKWARD CLASS CO-OPERATE SPINNING MILL LTD Vs. MAHARASHTRA STATE ELECTRICTTY BOARD & ORS

JUDGEMENT

(1.) The present complaint has been filed by a registered Co-operative Society, known as 'Dr. Babasahab Ambedkar Backward Class Co-operate Spinning Mill Ltd., Pethsivni, Taluk Palam, District Parbhani, Maharashtra' the complainant. It runs a cotton spinning mill which was established in the Backward area, for financial and industrial point of view, by the members of the Scheduled Caste. It has 7708 members, out of which, 88% members are of Scheduled Caste category. Being a backward class society, the Union Government as well as the Government of Maharashtra has provided the facilities under the Scheme under the Schemes of Backward classes as a priority sector.

(2.) The complainant started a 25000 spindle project at Village Pethsivni in the year 1995. It forwarded an application to Maharashtra State Electricity Board (in short, 'MSEB'), OP1, for obtaining a High Tension Supply to the Unit, with all necessary documents. At that time, Parbhani did not have a separate circle and was under the control of Superintendent Engineer, Nanded Circle, OP3. The Nanded Circle Office issued a letter dated 22.10.1996, marked as Annexure C-1, informing the complainant to deposit Rs.15,23,990/-, after inspecting the site for getting High Tension Supply. The said amount was deposited on 27.12.1996. On 17.07.1997, the Superintendent Engineer, vide letter dated 11.07.1997, made a further demand of Rs.12.427 lakhs for starting the supply. The complainant sought an explanation for raising an additional demand of that amount. Further, there was no proper response from the Board. The complainant only got letters dated 04.08.1997 and 24.07.1998 by the Board, again reiterating the demand of Rs.12.427 lakhs. The copies of letters have been annexed with the complaint as Annexure C-2 (colly). Ultimately, the complainant deposited the said demands on 23.06.1999 for Rs.10.00 lakhs and on 29.09.1999 for Rs.2,02,700/-, according to the availability of funds. The OPs utilized the amount of Rs.15,23,990/- for seven months, without any good reason.

(3.) The complainant got the power supply on 21.05.2000 after signing agreement with M.S.E.B. Copy of the agreement has been placed on record as Annexure C-3, but only from a 33 K.V. sub-station, Palam, which is attached to 132 KV sub-station, Gangakhad. At the time of preparation of estimate of work for providing power supply, the Board specifically charged an amount in the sum of Rs.4,05,000/- towards 33 KV V.C.B., at Sl. No. 9 in that estimate and Rs.80,000/- towards 33 KV control and relays panels with control cable. However, it was the duty of the Board to supply the electricity by erecting a 33 KV Sub-station at Village, Pethsivni and also to erect the necessary equipment for the supply. As per the rules, the Board cannot provide supply from a 33 KV Sub-station. The Board has not followed the procedure and directly gave supply of 33 KV from a sub-station of 33 KV, which is illegal. It has given rise to another problem. Whenever, the Board dis-connects the power of 33 KV sub-station, Palam, then, automatically, that connection affects the working of the unit of the complainant, due to which, costly modern machinery of complainant is being affected. Secondly, if the Board provides supply of 33 KV from 33 KV Sub-station, Palam, then, it is the bounden duty of the Board to install or erect a 33 KV V.C.B. (Vacuum Circuit Breaker) and relay panel as stated in estimate at Sl.No. 9 & 10 for which the cost is paid by the complainant to the Board. The Board has not installed or erected the said equipment for the continuous supply to the said unit, till date. The amount in respect of the above said equipment of Rs.4,85,000/- is unnecessarily and unauthorizedly being utilized by the Board, without any interest and for that purpose, the complainant is entitled to recover the said amount with interest @16% p.a. from the Board.