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TAMIL NADU ELECTRICITY OMBUDSMAN 19- A, Rukmini Lakshmipathy Salai, (Marshal Road), Egmore, Chennai – 600 008. Phone : ++91-044-2841 1376 / 2841 1378/ 2841 1379 Fax : ++91-044-2841 1377

Email : tnerc@nic.in Web site : www.tneo.tn.nic.in

BEFORE THE TAMIL NADU ELECTRICITY OMBUDSMAN, CHENNAI

Present : Thiru. A. Dharmaraj, Electricity Ombudsman

A.P.No.87 of 2013 Thiru. D. Rajendran, 56, Virattikuppam Pattai, Vandimedu, Villupuram – 605 602. � Appellant

(Party in Person) Vs

1) The Chief Engineer/Commercial, TANGEDCO, NPKRR Maaligai, 144, Ann Salai, Chennai – 600 002. (Rep. by Thiru.V.Kasi, 2) The Chief Financial Controller/Revenue, DFC/Accounts Branch) TANGEDCO, NPKRR Maaligai, 144, Ann Salai, Chennai – 600 002. 3) The Superintending Engineer, Villupuram Electricity Distribution Circle, (Rep by Thiru. S. Sivasankaran, TANGEDCO, EE(i/c)/Distribution/Villupuram) Villupuram ��Respondents

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Date of hearing : 5-12-2013

Date of order : 6-3-2014 Thiru. D. Rajendran, filed this petition before the Electricity

Ombudsman directly stating that the complaint is related to more than one forum

and common to all circles and as per clause 17(1) of the Regulations of CGRF &

Electricity Ombudsman, the complaints of common nature (which may be

considered applicable to more than one forum ) can be directly brought up to

Electricity Ombudsman by any of the consumer or by a state level consumer

association in the form as prescribed in Annexure III. Accordingly the above petition

was registered as AP No. 87 of 2013. The above appeal petition came up before the

Electricity Ombudsman for hearing on 5.12.2013 and after hearing both sides, the

following order is issued by the Electricity Ombudsman.

ORDERS

1. Prayer of the petitioner :

The petitioner prayed to declare that the collection of application fee for

availing new service connection other than street light and temporary supply as

violation to regulations. He also prayed to issue orders to stop collection of

application registration fees for the new service connection except for street light

and temporary supply.

2. Brief facts of the Case :

The petitioner complained that the licensee is collecting application

registration charges for all new service connection, whereas as per the provision of

the Supply Code, for new street light service connection and temporary supply

service connection application alone attract registration charges. Hence, the

petitioner prayed to declare that collection of registration charges for the new

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service connection applications except for street light & temporary supply shall be

violation of section 5 (12) of the Supply Code.

3. Contentions of the Appellant :

3.1 The Appellant contended the following in the petition.

3.2 TANGEDCO is now collecting application fee for all the application seeking

new service connections. As per regulation 5(12) of the Supply Code, any

application registration charges could be for new service connection in respect of

street light service and temporary supply only.

3.3 In M.P.No. 41 of 2003, dt. 1.10.2004 Miscellaneous charges have been fixed

for various items. Table 9 is for registration charges. But, nowhere it has been

specified that the above registration charges is applicable for new service

connection application. The above charges could be collected for the application

specified in regulation 5(12) (a) to (g) of the Supply Code only.

3.4 If registration charges could be collected for all new service connection

applicable as per order issued in M.P.No. 41 of 2003, there is no necessity to give

the details in regulation 5(12) about the applicability of registration charges.

3.5 Regulation 27 of the Distribution Code deals with the procedure for getting a

Electricity service connection. The note under regulation 27(3) state whether the

application is given in person or by post, if it is incomplete, it shall be returned

indicating the defects. But, there is no indication about the payment of registration

charges. Hence, there is no need to pay the registration charges.

3.6 In clause 3.11 of M.P.No. 41 of 2003 dt.1.10.2014, issued by the Hon’ble

Commission, it has been stated that there shall be a single registration charges for

LT services and another rate for HT services, but have not stated that application

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registration charges have to be collected from all new service connection

applications.

3.7 The then TNEB and the TANGEDCO are collecting registration charges. In

TANGEDCO after computerisation, the new service applicants have to pay the

registration fees first and based on the above only, the further charges will be

collected.

3.8 The public information officer in Accounts Branch has informed that as

ordered in M.P.No.41 of 2003, the application registration fees are collected. Hence,

it is accepted by the TANGEDCO, that they are collecting the application registration

charges.

3.9 Hence, it is prayed to declare that collection of registration charges for all the

new service connection is contravention to the regulation and collection of

registration charges for all application for new service connection except street light

application and temporary service application are to be stopped.

4. Contentions of the Respondent :

4.1 The respondent 3, SE/Villupuram Electricity Distribution Circle has contended

the following :

(i) As per terms and conditions of supply, clause 9 , collection of the charges for

new service connection applications was issued on 30.3.1994 (ii) collection of

registration charges for temporary supply, reduction of load in HT & LT service

connection, shifting of services, street light and DCW estimates have also been

incorporated in the Terms & Conditions of supply issued vide BP Ms No.(FB)61,

dt.24.11.1988 amended upto 31.7.2001.

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(ii) In the book named Min Nugarvor Vazhikatti issued by Hon’ble Commission, it

has been clearly stated that the application registration charges for new services are

as per tariff order on miscellaneous charges vide answer to question no.5.

(iii) In MP No.41 of 2013, the Commission has ordered to collect a single rate for

LT services and another single rate for HT services instead of collecting different

rates based on tariff category, but the above order has not stopped collection of

registration charges for new service connection.

4.2 The Chief Engineer/Commercial has contended the following in the counter :

(i) The above petition is neither maintainable in law nor on facts. Therefore, the

above petition is liable to be dismissed in limine.

(ii) It is submitted that sub-clause 9 (Registration Charges) of clause 38

Schedule Part II (Miscellaneous Charges) of the Terms & Conditions of Supply of

Electricity, which was in force before specifying the Tamil Nadu Electricity Supply

and Distribution Codes, 2004, provides for the registration charges that were to be

paid by the applicants of various categories of intending consumers including

domestic, industries and agriculture. For example, in respect of a domestic service

connection application requiring single phase connection, the registration charges

payable was Rs.10/- per service and in respect of three phase connection, it was

Rs.20/- and thereafter it was revised as Rs.20/- and Rs.50/- respectively.

(iii) While the Electricity Act 2003, came into force on and from 10.6.2003. In

terms of section 50 of the said Act, the Hon’ble Tamil Nadu Electricity Regulatory

Commission has specified the Tamil Nadu Supply Code and the Tamil Nadu

Electricity Distribution Code. Further, the Hon’ble TNERC, in the petition filed by the

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TNEB for revision of non – tariff related charges, in exercise of the powers vested

under section 45,46,47 and 50 of the said Act, passed the order on non-tariff related

Miscellaneous charges, effective from 1.10.2004. As per the said Non tariff order,

the charges were revised in respect of various categories and accordingly, the

registration charges was fixed as Rs.50/- in respect of all LT domestic services

(single phase and three phase) etc. In terms of the provisions contained in sections

45,46 and 47 of the said Act read with the said Non-tariff Order, it is very clear that

the Hon’ble TNERC has fixed the registration charges in respect of all new service

connection applications. Hence, notwithstanding the position that the collection of

such charges are not specified in regulation 5(12) of the TNE Supply Code, in terms

of the said provisions of the Act, the permissibility of collection of such charges

under the erstwhile statutory provisions contained in the Terms and Conditions of

Supply of Electricity and the present Non-tariff order issued by the Hon’ble TNERC,

a statutory body created under the said Act, the collection of registration charges

even for other service connection applications is legally valid. Therefore, the

contention of the petitioner that non-tariff order does not specifically mention the

collection of registration charges in respect of categories other than street lights and

temporary supply, is untenable.

(iv) It is also submitted that ‘Note’ to regulation 27(3) of the TNE Distribution Code

should not be read in isolation and the same has to be read with the provisions of

the Electricity Act 2003 and all other orders, rules regulations, etc., framed/issued

thereunder. Therefore, by contending that Note to regulation 27(3) of the TNE

Distribution Code does not provide for collection of such charges, the petitioner

cannot make out a case.

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(v) The Regulation 27 of the TNE Distribution Code specifies the provision for

“Requisitions for Supply of Energy”. The explanation to above regulation provides

the following :

“Explanation:- For the purposes of this sub-section, “application” means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.” (vi) The sub-regulation (1) to regulation 34 of the TNE Distribution Code specifies

the following in regard to collection of registration charges and Earnest Money

Deposit from the applicant :

“(1) The applicants required to pay Earnest Money Deposit will be asked to pay Earnest Money Deposit along with registration fee for registration of application.”

(vii) Based on the provisions contained in the regulations and order issued by the

Commission, the registration charges are being collected from all consumers at the

time of submitting the application before effecting the service connection.

(viii) It is submitted, pursuant to the earlier representation of the very same

petitioner, the TANGEDCO, with an abundant caution, has sought for an amendment

to regulation 5(12) of the TNE Supply Code through Code Review Penal in order to

avoid raising of such issues and to have more clarity in the regulations. The same is

under consideration of the Hon’ble TNERC.

(ix) It is also relevant, not withstanding the above, to submit that regulation 26(3)

of the TNE Supply Code provides that where any dispute arises in respect of

application or interpretation of any provision of the Code, it shall be referred to the

Commission whose decision shall be final and binding on the parties concerned.

(x) In view of the position stated in paragraphs (iii) to (viii) supra, the collection of

registration charges for all applications for service connection other than street lights

and temporary supply, in terms of the non-tariff order in force is legally valid and

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sustainable. If, in any case, the petitioner still refuses to accept the said position, it

is for the petitioner to seek his remedy before the appropriate court as may be

available in law and the petition before this Hon’ble TN Electricity Ombudsman is

not maintainable in terms of regulation 26 of the TNE Supply Code.

6. Hearing held by the Electricity Ombudsman :

In order to enable the Appellant and the respondents to putforth their

arguments in person a hearing was held before the Electricity Ombudsman on

5.12.2013.

6.1 Thiru. D. Rajendran , the petitioner attended the hearing and argued his case.

6.2 Thiru. S. Sivasankaran, EE/(i/c) /Distribution has attended the hearing on

behalf of SE/Villupuram EDC and Thiru. V. Kasi, Deputy Financial Controller has

attended the hearing on behalf of Chief Engineer/Commercial and argued the

case.

7. Argument of the petitioner :

The Appellant Thiru. D. Rajendran, reiterated the contents of his petition.

7.1 The petitioner argued that as per note under regulation 27(3), it has been

stated that the application received in person or through post has to be registered if

it is in order or it has to be returned to indicating the defects without registration.

7.2 As there is no specific information regarding payment of registration charges,

he argued that registration charges need not be paid while registering the

application for new service connection other than temporary supply and street lights.

7.3 He also informed that he has already pointed out these ambiguity to the

code review panel and no amendment was issued till date.

7.4 He also argued that as per section 46 of the Electricity Act, there is no

provisions to collect the application registration charges from the intending

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consumers. Application registration charges fixed in MP No. 41 of 2003 is only for

those items covered in regulation 5(12) and not for any other category.

8. Arguments of the Respondent :

8.1 Thiru. V. Kasi, DFC/Accounts Branch on behalf of EE/Commercial and Thiru.

Sivasankaran/EE(i/c)/Distribution/Villupuram on behalf of SE/Villupuram EDC have

attended the hearing.

8.2 Thiru. V. Kasi, DFC reiterated the contents of the counter affidavit.

8.3 The DFC argued that the collection of application registration charges is

consistent with the order given in MP No.41 of 2003.

8.4 He cited the explanation given in regulation 27(1) of the Distribution Code and

argued that application means, the application complete in all respects along with

payment of necessary charges which includes registration charges also.

8.5 He also cited regulation 34(1) of the Distribution Code and argued that as per

the above regulation the applicants required to pay EMD will be asked to pay EMD

registration along with fee for registration of application. Hence, he argued that

there is a provision for payment of registration charges in the Distribution Code.

8.6 He also argued that as per regulation 44 of Distribution Code , the licensee

are entitled to collect the charges from the consumers as specified by the

Commission from time to time, through separate order/notification. As the

registration charges are collected as per order of the Commission issued in MP

NO.41 of 2003, it conforms to the Distribution Code only.

8.7 The DFC also argued that if there is any dispute arises on any of the

regulation of the Code, then, it shall be referred to the Commission only for getting

clarification.

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9. Written argument of the petitioner :

9.1 The petitioner has furnished his written argument dt.12.12.2013. In the above

he has contended the following :

9.2 If registration charges could be collected for all the service, in regulation

5(12), it would have stated that Registration charges are to be collected for all

service connections in one line. But, in the regulation, it has been specified that

street lights and temporary supply alone, the registration charges could be collected.

Hence, it means it cannot be collected for other services.

9.3 The order of the Commission in MP No.41 of 2003, it has been stated that a

single rate for all LT service connections and another rate for HT services. The table

attached with the order only gives the registration charges on each category but not

specifying the category for which the charges are to be collected. In the table if

Rs.50 could be collected for Domestic service means, it shall be construed that the

charges shall be collected for application for shifting of service, application for

conversion of single phase into 3 phase service etc., and not for new domestic

service applications. Collections of registration charges for all new services is

against the provisions of regulation 5(12) of the Supply Code.

9.4 The respondent argued that they are collecting registration charges even

before the orders of Commission and Commission has accepted the above and

ordered to collect the above charges in MP No.41 of 2003. In MP NO. 41 of 2003,

the Commissions has not stated that it is allowing the charges which are already

collected by the licensee. It has only stated that there shall be difference in the

registration charges collected for LT & HT.

9.5 The necessary charges found in the regulation 27 of the Distribution Code

means only Development charges, meter caution deposit, etc., which are provided in

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Supply Code and not the charges which are not specified in Supply Code. Further,

in Distribution Code, regulation 44 to 49 specify only service connection charges,

development charges, Meter Caution Deposit, initial Security Deposit EMD and not

application registration charges.

9.6 EMD is applicable to Industrial applications only. Hence, as per regulation

34(1), the EMD has to be paid along with application registration fees for Industrial

service alone. The above regulation cannot be taken for other category assuming

EMD as Zero as argued by the respondent for other category.

9.7 The regulation 5(12) already stated, the categories for which the application

registration charges are to be collected. Hence, there is no need to invoke

regulation 26(3) and seek clarification from the Commission.

9.8 As per the information given by the Public Information Officer of the

Commission, for the grievance related to Distribution of Electricity the consumer

was informed that the petitioner has to approach the Commission in para 14 and to

approach court in para 15 which are contradicting each other.

9.9 The petitioner has already given an objection for collection of application

registration charges stating that they are not specified to section 45, 46 and 47 of

the Electricity Act, 2003 in response to MP No.6 of 2012 and the above petition

seeking increase in non-tariff miscellaneous charges was withdrawn by the

TANGEDCO. Hence, it could be understood that collection of registration charges is

against the provisions of Electricity Act 2003.

9.10 The respondent argued that as per section 46 of the Electricity Act 2003 and

as per regulation 44 of the Distribution Code, the licensee can collect the reasonable

expenditure incurred towards providing of supply to the consumer. Hence, the

registration charges can also be collected. As per the above provision, any

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reasonable expenditures incurred for providing any electrical line or electrical plant

used for purpose of giving supply alone could be collected . The above charges are

collected in case of Deposit Contribution Works alone as per regulation 5(12)(e)&(f).

The reasonable expenditures could be collected only as per the rates fixed by the

Commission and the charges were also specified in regulation 45 to 49. But, the

application registration charges for all services was not specified in any regulation.

Hence, the licensee cannot collect the application registration charges which are

not covered in regulation 5(12) of the Supply Code.

9.11 The respondent have informed that they have applied for an amendment to

the regulation 5(12) incorporating collection of registration charges for all services.

The above act shows that there is no provision in the existing regulation.

9.12 The petitioner also filed a petition before the Code Review Panel for an

amendment insisting collection of registration charges only for street lights and

temporary supply. His petition is pending before the Code Review Panel for the

past two years.

10. Written arguments of the Respondent :

10.1 The respondents have furnished the written argument on 16.12.2013. In the

written argument, the respondents have contended the following :

10.2 The regulation 44 of the TNE Distribution Code specifies the following :

“44.The Licensees are entitled to collect the charges from a person requiring supply of electricity any expenses reasonably incurred in providing any electrical line or electrical plant used for the purpose of giving that supply. These charges have also to be reviewed either periodically or at times of an urgent need for a revision. The consumers are liable to pay such charges as applicable and at the rates specified by the Commission from time to time through separate orders/ notifications.. . .”

10.3 Accordingly, the Commission ordered to collect the registration charges from

the consumers for scrutiny, investigation and examining feasibility which is

commensurate with the expenditure incurred.

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10.4 The sub regulation (1) to regulation 34 of the TNE Distribution Code specifies

the following in regard to collection of registration charges and earnest money

deposit from the applicant.

“(1) The applicants required to pay Earnest Money Deposit will be asked to pay Earnest Money Deposit along with registration fee for registration of application.”

10.5 The earnest money deposit collected from the consumer shall be adjusted

against the initial security to be payable by the consumer before effecting the

supply. The consumers (other than industrial consumers) are exempted from the

payment of Earnest Money Deposit and hence the registration charges are collected

at the time of registering the application and other applicable charges are collected

after inspecting the site by issuing notice to the consumers.

10.6 Considering the above provisions only, the Commission has given the reply to

the petitioner’s Right to Information Act query in letter dated 10.1.2013 that the

Commission ordered to collect registration charges from all the consumers.

10.7 Based on the provisions contained in the regulations and order issued by the

Commission, the registration charges are being collected from all consumers at the

time of submitting the application before effecting the service connection.

10.8 Further, it is submitted that pursuant to the earlier representation of the very

petitioner, the TANGEDCO, with an abundant caution, has sought for an amendment

to regulation 5(12) of the TNE Supply Code through Code Review Panel in order to

avoid raising of such issues and to have more clarity in the regulations. The same

is under consideration of the Hon’ble TNERC. As soon as the matter is finalized by

the TNERC, necessary action will be taken based on the order of TNERC.

10.9 It is also relevant, not withstanding the above, to submit that regulation 26(3)

of the TNE Supply Code provides that where any dispute arises in respect of

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application or interpretation of any provision of the Code, it shall be referred to the

Commission whose decision shall be final and binding on the parties concerned.

10.10 Hence, it is submitted that the collection of registration charges for all

applications for service connection other than street lights and temporary supply, in

terms of the Non tariff order in force, is legally valid and sustainable.

10.11 In view of the position stated above and Commission has also clarified to the

petitioner that the Commission ordered to collect the registration charges from all

category of consumers, the consumer is obligated to pay the registration charges. If,

in any case, the petitioner still refuses to accept the said position, it is for the

petitioner to seek his remedy before the appropriate court as may be available in law

and the petition before this Hon’ble Electricity Ombudsman is not maintainable in

terms of regulation 26 of the TNE Supply Code.

11. Findings of the Electricity Ombudsman.

11.1 On a careful consideration of the submissions of both sides, the only issue to

be decided is whether the collection of application registration charges for other than

temporary supply and street lights by the respondent is correct ?

11.2 The petitioner has placed the following arguments in support of his case.

(i) As per regulation 5(12) of the Supply Code, there is provision for collection of

registration charges only in respect of Street Lights service connections and

Temporary Supply service connections.

(ii) In order on MP No.41 of 2003 the Commission has fixed charges and the

registration charges were given in table 9 for various categories but, the above

charges could be collected only for the item, covered in regulation 5(12) of the

Supply Code.

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(iii) In the charges to be collected from the intending consumer furnished in

regulation 45 to 49 of Distribution Code, the application registration fee does not

find a place.

(iv) In regulation 27(3) of the Distribution Code there is no mention about

payment of registration charges.

11.3 The respondents have furnished the following arguments in support of their

views.

(i) In the order dt.31.8.2004 in MP No.41 of 2003, the registration charges to be

collected are given in table 9. As per the above table, registration charges are

collected for all applications at the rates given in table 9.

(ii) As per regulation 44 of the Distribution Code, the licensee is entitled to collect

the charges from the person requiring supply of electricity any expenses reasonably

incurred in providing of any electrical line or electrical plant used for the purpose of

giving supply. Accordingly, the Commission has ordered to collect the registration

charges from the consumers for scrutiny, investigation and examining the feasibility

which is commensurate with the expenditure incurred.

(iii) As per the explanation furnished under regulation 27(1) of the Distribution

Code, the application means, the application in complete in all respects in the

appropriate form as required by the distribution licensee, alongwith documents

showing payment of necessary charges and other compliances. Hence, the

collection of application registration charges has provisions in the Code.

(iv) As per regulation 34(1) of the Distribution Code, the applicants required to

pay EMD will be asked to pay EMD alongwith registration fee for application. The

EMD collected from the consumer shall be adjusted against the initial security

deposit to be payable by the consumer before effecting the supply. The consumers

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other than industrial consumers are exempted from payment of EMD. Hence, the

registration charges are collected at the time of registering the application and other

charges are collected after inspecting the site by issuing a separate notice to the

consumers.

(v) The Commission in its letter dt.10.1.2013 in response to the petitioner’s letter

under Right to Information Act, informed that Commission ordered to collect

registration charges from all the consumers.

(vi) Pursuant to the earlier representation of the very same petitioner, the

TANGEDCO with an abundant caution, has sought for an amendment to regulation

5(12) of the Supply Code through Code Review Panel in order to avoid raising of

such issue and to have more clarity in the regulation. The same is under

consideration of Hon’ble TNERC.

(vii) As per regulation 26(3) of the Supply Code, where any dispute arises in

respect of application or interpretation of any provisions of the Code, it shall be

referred to the Commission only.

11.4 As the appellant has pointed out that the regulation 5(12) of the Supply Code,

the said regulation is extracted below :

“(12) Application Registration Charge The Licensee shall collect registration charges from LT/HT consumers for the following ,at the rates specified by the Commission from time to time. (a) Application Registration charge at the appropriate rates for conversion of a service from L.T. to H.T. and vice versa and also wherever the consumers apply for additional loads both for H.T. and L.T. Services. (b) Applications for reduction of demand/load in respect of H.T. and L.T. Services. (c) Application for shifting of HT/LT Services (d) Application for street light service (e) Replacement due to accident for poles broken etc., due to dashing of vehicle or any accident under Deposit Contribution Works (DCW). (f) Shifting of line and deviation of line under Deposit Contribution Works.

(g) Application for temporary supply ”

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11.5 On a careful reading of the above regulation, it is noted that application

charges shall be collected for the following at the rates specified by the

Commission from time to time.

(a) Conversion of services LT to HT and vice versa and also for application for

additional loads both HT & LT.

(b) Reduction of demand in both HT & LT services

(c) Application for shifting of HT/LT Services

(d) Application for street light service

(e) Replacement due to accident for poles broken etc., under DCW.

(f) Shifting of line and deviation of line under DCW.

(g) Application for temporary supply.

11.6 It is noted that except for street lights service and temporary supply, all the

other new services are not covered in the above regulation as contended by the

Appellant.

11.7 As the respondent argued that the charges are collected as per MP No.41 of

2003, the clause 3.11 the said order and the table 9 of the order are furnished below:

“3.11 Registration Charges TECA have represented to do away with this charge and merge it with development charge. The other suggestions are to reduce and make it as the same rate for any category. TNEB’s contention is that the rates fixed are based on the cost of investigation and clerical work involved, which is generally more for HT services than LT services. Commission agrees with the contention to have a uniform rate. Taking into account the view of TNEB, we can have a single rate for LT ( single phase or three phase) and another rate for HT, and if necessary, the HT rate may be applied for the Captive Power Plant . The hut services can, however be exempted from this charge

9.0 Registration Charges (Table – 9) Sl.No. Category

Tariff

Existing & Proposed Approved by the TNERC

Singe phase Three phase Singe phase

Three phase I Low Tension Service

1. Domestic I(a) Rs.20/service Rs.50/service

2. Street Lights & Public Water Supply

II(a) Rs.100/Service

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3. Tiny Industries III(a) Rs.150/Service Rs.50/service

4. Industries III(b) Rs.150/Service

5. Agriculture IV Rs.50/service

6. Hut I(b) Rs.5/service Rs.5/service N.A.

7. Recognised Educational Institutions, Laboratories, Cinema theatres, Hospitals etc.

II(b) Rs.100/service

Rs.50/service

8. Actual Places of Worship

II(c) Rs.100/service

9. Commercial V Rs.100/service Rs.150/service

II High Tension Service

1. Industries I

Rs.500/ service

Rs.500/service

2. Recognised Educational Institutions,Laboratories, Cinema Theatres, Hospitals, etc. and Places of Public Worship

II

3. Commercial III

III Captive Power Plant Rs.500/application with capacity more than 10 KW

N.A. Now

11.8 On a careful reading of the clause 3.11 of MP No.41 of 2003, it is noted

that TECA have represented to do away with Application registration charges

and merge it with development charges. The others suggestions are to

reduce and make it as the same rate for any category. TNEB’s contentions is

that the rats are fixed based on the cost of investigation and clerical works

involved which is generally more for HT services the LT services. Commission

agrees with the contention to have uniform rate. Taking into account of the

view of TNEB, we can have a single rate for HT (single phase or 3 phase)

and another rates for HT. The Hut service can be exempted.

11.9 In the above clause, it is noted that there was a suggestion to include it

with the Development Charges but Commission has not accepted it. Further,

taking into account the view of TNEB, Commission has fixed a single rate for

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LT and another rate for HT. The view of the TNEB is the rate fixed is based

on the cost of investigation and clerical works involved which is varying for LT

& HT .

11.10 The investigation and clerical works are not only required for

temporary supply and street lights services alone but for all other new services

as well.

11.11 Further, the table 9 of the orders in M.P.No.41 of 2003 contains the

existing, proposed rate and the rate approved by the TNERC.

11.12 Clause 38(9) of the Terms and Conditions of the Board, deals with

the registration charges which was the existing rate. Hence, the said clause

38(9) is extracted below :

“

Sl.No. Category Tariff Registration Charges

Singe phase Three phase

1. Domestic I A Rs.20/ per service Rs.50/ per service

2. Street light & Public water Supply

II A Rs.100/ per service

-

3. Tiny Industries III A - Rs.150/ per service

4. Industries ***III B & III C

- Rs.150/ per service

5. L.T. Two Part Tariff System III B - Rs.500/ per service

6. Agriculture IV - Rs.50/ per service

7. Hut I B - Rs.5 / per service

8. Recognised Educational Institutions, Temples, Hospitals, Laboratories, Cinema Theatres etc.

II B - Rs.100/- per service

9. Commercial V Rs.100/service Rs.150/service

10. H.T. Services :

Rs.500/ per service (i) Industries

(ii) Recognised Educational Institutions, Cinema Theatres, Labs, etc.,

I II

(iii) Commercial III

11. Captive Power Plant - Rs.500/ per application with capacity more than 10 KW.

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NOTE : (1) Application Registration fees at the appropriate rates are also to be

collected for conversion of a service from L.T. to H.T. and vice versa

and also wherever additional loads are applied for the consumers both

for H.T. and L.T. services.

(2) Temporary Supply : The registration fees for temporary supply under

L.T. are to be collected as applicable for **L.T. to H.T Tariff V and

under H.T. as applicable to H.T. Tariff III.

(3) Reduction of load / demand : The registration fees at the rate applicable

for H.T. / L.T applications are to be collected for reduction of demand /

load in respect of H.T and LT services.

(4) Shifting of HT / LT services : The registration fees for shifting of

services are to be collected at the rates applicable to HT /LT

applications for new service connections.

(5) For street light application : The registration fees are to be collected per

service as specified item (2) above after investigation and then the

application registered.

(6) Replacement estimate due to accident : Replacement estimate for

poles broken etc., due to dashing of vehicle or any accident under

DCW: 50/-

11.11 On a careful reading of the table 9 and the note under the table, one

can come to conclusion that the existing rates are for all new service

connection application and also for the six categories mentioned in the note.

11.12 As the Commission has specified a revised rate for all the existing

rates in table-9, it may be construed that the Commission has fixed the rate

for all categories in the table which are replacement for the existing rates. As

the then existing rates in tables is for the new applications, the rate fixed by

the Commission in MP 41 of 2003 also for all new applications but it does not

21

cover the six items mentioned in the note to clause 38(9) of terms & condition

of supply.

11.13 In this regard, the appellant argued that the rates approved in MP

No.41 of 2003, are only for those item covered in the Supply Code . He also

argued that the rates given for all categories of services do not mean that it is

for all new service connections but it mean for the application seeking for

shifting, reduction of demand, etc., in such category.

11.14 In this regard, I would like to refer the clarificatory orders issued

to the order on non tariff related Miscellaneous charges against TNEB petition

MP No.41 of 2003 on 7.1.2005, the relevant paras are below :

“The Commission issued orders dated 31.8.2004 on the Petition No.MP

No.41 of 2003 filed by the TNEB fixing various non-tariff related

miscellaneous charges payable by both the HT and LT consumers.

(2) Some of the charges like Registration Charges and Development

Charges are being collected when the existing consumer approach the

TNEB /Licensee for some additional consumer related services.

(3) The Commission has considered and approved the proposal of

TNEB for collecting charges continuously for such additional consumer

related services also.

(4) Accordingly, the following clarification order is issued.

Registration charges at the appropriate rate as per statement 9.0 of the

Commission’s Order dated 31.8.2004 may be collected from the consumer

approaching the TNEB/Licensee for the following : -

(i) Whenever the consumer applies for conversion of LT services

into HT services and vice versa.

(ii) Whenever the consumers applies for additional load/demand.

(iii) Whenever the consumer applies for reduction of load /demand

(iv) Whenever the consumer applies for shifting of services/lines.

22

(v) When the assets like poles/lines damaged by the accident have

to be replaced at the cost of the party who caused the accident under DCW

estimate.

(vi) Where application for Temporary Supply are received.”

11.15 On a careful reading of the above order, it is noted that

Commission has issued order permitting the licensee to collect registration

and Development charges for certain additional consumer related services

also, based on the proposal received from TNEB. The additional consumer

related services mentioned for collection of registration charges are as

detailed below :

(i) Whenever the consumer applies for conversion of LT services into HT

services and vice versa.

(ii) Whenever the consumer applies for additional load/demand

(iii) Whenever the consumer applies for reduction of load/demand

(iv) Whenever the consumer applies for shifting of services/line

(v) Where the assets like poles/lines damaged by the accident have to be

replaced at the cost of the party who caused the accident under DCW

estimate

(vi) Where application for temporary supply are received.

11.6 Para 3 of the order No. MP No.41-1, dt.7.1.2005, is reproduced below:

“The Commission has considered and approved the proposal of TNEB

for collecting charges continuously for such additional consumer related

services also”

11.7 On a careful reading of the said para 3, it is noted that the Commission, has

approved the proposal for collecting charges continuously for such additional

23

consumer related services also. Here, the Commission, has specifically stated that

such additional consumer related services also which means, the registration

charges already approved are for certain other applications (ie) the new

applications.

11.8 On a careful reading of the additional items given in the order, it is noted that

application for temporary supply alone find a place. As all the other items of new

applications are covered in Miscellaneous charges orders issued in the order on MP

41 of 2003, the Commission has included the application for temporary supply alone

in the additional item of consumer related services (In table 9 of the Misc. order, the

temporary supply is not available).

11.9 On a comparative study of the additional items given in the clarificatory order

issued by the Hon’ble Commission and the categories of application given in

regulation 5(12) of the Supply Code, except the street light application mentioned in

the said regulation all other items find a place in the additional items given in the

clarificatory order. A comparative table is given below :

Sl. No.

As per regulation 5(12) of Supply Code

As per clarificatory order issued on M.P.No.41 of 2003 dt.7.1.2005

(a) (i) Application Registration charge at the appropriate rates for conversion of a service from L.T. to H.T. and vice versa (ii) and also wherever the consumers apply for additional loads both for H.T. and L.T. Services.

Whenever the consumer applies for conversion of LT services into HT services and vice versa. Whenever the consumer applies for additional load/demand

(b) Applications for reduction of demand/load in respect of H.T. and L.T. Services.

Whenever the consumer applies for reduction of load/demand

(c) Application for shifting of HT/LT Services

Whenever the consumer applies for shifting of services/line

(d) Application for street light service

---

(e) Replacement due to accident for poles Where the assets like poles/lines

24

broken etc., due to dashing of vehicle or any accident under Deposit Contribution Works (DCW).

damaged by the accident have to be replaced at the cost of the party who caused the accident under DCW estimate

(f) Shifting of line and deviation of line under Deposit Contribution Works.

Whenever the consumer applies for shifting of service /line

(g) Application for temporary supply Where application for temporary supply are received.

11.10 As in the clarificatory order, the Commission has accorded approval adopting

the rate given in statement 9 of the Commission’s order dt.31.8.2004 for the

additional consumer related services also, the argument of the appellant that the

rates given in statement 9 of the Miscellaneous order is for such additional services

in respective category is not acceptable to me. If the contention of the Appellant is

the real intention of the Commission, it would have indicated the temporary supply

alone in the clarificatory order while indicating the additional services.

11.11 On a conjoint reading of the order on non tariff related Miscellaneous

Charges against MP No.41 of 2003 dt. 31.8.2004 and the clarificatory Orders issued

by the Commission vide order No.41-1, dt.7.1.2005, the following will be the items

covered under application registration charges.

Table – 9

Sl.No. Category

Tariff

Approved by the TNERC

Singe phase Three phase I Low Tension Service

1. Domestic I(a)

Rs.50/service

2. Street Lights & Public Water Supply

II(a)

3. Tiny Industries III(a)

4. Industries III(b)

5. Agriculture IV

6. Hut I(b) Rs.5/service N.A.

7. Recognised Educational Institutions, Laboratories, Cinema theatres, Hospitals etc.

II(b)

Rs.50/service

8. Actual Places of Worship

II(c)

9. Commercial V

25

II High Tension Service

10 Industries I

Rs.500/service

11. Recognised Educational Institutions, Laboratories, Cinema Theatres, Hospitals, etc. and Places of Public Worship

II

12. Commercial III

13. Application for conversion of LT services into HT services and vice

versa.

14. Application for additional load/demand

15. Application for reduction of load/demand

16. Application for shifting of services/line

17. Where the assets like poles/lines damaged due to the accident have to

be replaced at the cost of the party who caused the accident under DCW

estimate

18. Application for temporary supply are received.

11.12 On a careful study of the above statement, it is seen that all tariff

categories of new applications and other consumer related services like shifting of

service, application for additional load, reduction of load etc. are covered in the

Miscellaneous Charges order in M.P.No. 1 of 2003. Hence, I am of the view that

the application registration charges given in order No. MP 41, dt.31.8.2004 is

applicable to all applications seeking for the new service connections, and also for

the additional consumer related services and temporary service connection

specified in the clarificatory order No.MP41-1, dt.7.1.2005.

26

11.13 In view of the above, it is noted that the collection of registration charges by

the licensee for new application from all categories of service connections is

conforming to the Commission’s order issued in MP No.41 , dt.31.8.2004 & M.P.No.

41-1, dt. 7.1.2005.

11.14 In this regard, I would also like to refer rule 7(3) of the Electricity Rules,

2005, which is extracted below :

“7(3) The Ombudsman shall consider the representations of the consumers

consistent with the provisions of the Act, the Rules and Regulations made

hereunder or general orders or directions given by the Appropriate Government or

the Appropriate Commission In this regard before settling their grievances.”

11.15 On a careful reading of the said Rule 7(3), it is noted that the Electricity

Ombudsman has to settle the grievance of the Consumers considering whether

they are in consistent with the provisions of the Act, the Rules and Regulations

made thereunder or general orders, or directions given by the Appropriate Govt., or

the Appropriate Commission.

11.16. As the collection of registration charges for all the new services is in

conformity with the Hon’ble Commissions order in M.P. No. 41 of 2003, it is held

that the collection of registration charges for all new application is in order.

12. Conclusion :

12.1 As the collection of registration charges is based on the Commissions order

on Miscellaneous charges, in M.P. No. 41 of 2003, it is held that collection of

application registration charges from all new service connections is in order.

12.2 In view of my finding in para 11 above, I am unable to accept the prayer of the

appellant to declare the collection of application registration charges for availing

new service connection other than street lights and temporary supply. Accordingly,

the appeal petition No. 87 of 2013 is dismissed.

27

12.3 With the above findings, the A.P. No. 87 of 2013 is finally disposed of by the

Electricity Ombudsman. No Costs.

(A. Dharmaraj) Electricity Ombudsman To 1) Thiru. D. Rajendran, 56, Virattikuppam Pattai, Vandimedu, Villupuram – 605 602.

2) The Chief Engineer / Commercial, TANGEDCO, NPKRR Maaligai, 144, Ann Salai, Chennai – 600 002. 3) The Chief Financial Controller / Revenue, TANGEDCO, NPKRR Maaligai, 144, Ann Salai, Chennai – 600 002. 4) The Superintending Engineer, Villupuram Electricity Distribution Circle, TANGEDCO, Villupuram.

5) The Chairman & Managing Director, TANGEDCO, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.

6) The Secretary, Tamil Nadu Electricity Regulatory Commission No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai – 600 008. 7) The Assistant Director /Computer - FOR HOSTING IN THE TNEO WEBSITE Tamil Nadu Electricity Regulatory Commission No.19A, Rukmini Lakshmipathy Salai Egmore, Chennai – 600 008.