Uttar Haryana Bijli Vitran Nigam Shakti Bhawan, IInd Floor, Room No.317, Sector-6, Panchkula E-mail: uhbyn_forum2006@yahoo.com CONSUMER GRIEVANCES REDRESSAL FORUM ‘Complaint No. CGRE-S4/11 To The Managing Director, UHBVN. Panchkula. Memo No. Ch- 4y4/ UH/CGRE-SA5 Dated: J2- 4.12 Subject:- Order in respect of complaint of M/s National Fertilizer Ltd. regarding payment of interest on security deposit (A/c no. LS-14). Enclosed please find herewith the order issued by Consumer Grievances Redressal Forum in respect of above complaint for its compliance DA/As above Bie 53, GRE, UHBVN, Panchkula Ce: ay Secretary/HERC, Sec-4, Panchkula. CE/OP, UHBYN, Rohtak. SE/ ‘OP’ Circle UHBYN, Panipat. SE/Gommercial UHBVN, Panchkula. XEN/IT, UHBVN, Panchkula. (for posting on UHBYN site) XEN/OP City Division, UHBVN, Panipat witha copy of order, SDO/OP, City S/Division, Model Town, UHBVN, Panipat. National Fertilizer Ltd,, Gohana Road, Panipat-132106. ae For information & further necessary action with respect to order of Forum (copy enclosed).‘Complaint No. 545 of 2011 CONSUMER GRIEVANCES REDRESSAL FORUM eS Uttar Haryana Bijli Vitran Nigam Room No.317, lind Floor, Shakti Bhawan, Sector-6, Panchkula LHEVN mail: uhbyn_forum2006@ yahoo.com ‘Complaint No. UH/CGRF ~ 545 of 2011 Date of Institution 03.11.2011 Date of Hearing 28.03.2012 Date of Order 30.03.2012 Before the Consumer Grievances Redressal Forum, UHBVNL. Present:- 1, Sh.S.K. Aggarwal, Member-1 2. Sh. D.C-Aggarwal, Member-II In the matter of complaint of M/s National Fertilizer Limited, Gohana Road, Panipat regarding non-payment of interest on Security deposit. ComplainanvPetitioner Vs (1) XEN, City Division, UHBVN, Panipat. 2) $DO, Op Model Town Sub-Division, UHBVN, Panipat. Appearance: For Complainant: Sh. B. Gakher, Chic Manager, NFL. For the Respondent: Sh. Satish Goyat, SDO, Op Model Town Sub-Division, UHBVN, Panipat.Complaint No. $45 of 2011 ORDER The complainant M/s National Fertilizer Limited, Gohana Road has got an 14 under Op Model Town Sub-Division, UHBVN, Panipat and the Forum has the jurisdiction to hear this complaint. thas been pleaded by the complainant vide their complaint dt 19.10.11 that they have deposited Rs. 2,15,74,200/- with UHBVN as advance consumption deposit as required. Consequent upon enactment of the Electricity Act-2003 and its applicability to Haryana wef 10.12.2003 NFL becomes eligible to get interest on ACD deposited with UHBVN. They have written many letters and discussed the ‘matter number of times with the respondents but interest for the periods 1.12.2003 to 31.3.2005, less payment has been received - @ 3.5% instead of Bank Rate. For the Period 14.2005 to 31.7.2006 it has been paid @ 6%. They have the due pleaded that pending interest may be paid. The application of the petitioner was received in this office of the Forum on 24111, The Forum considered the facts and found the petition feasible of acceptance and the same was admitted. Accordingly, notice of motion dated 9.11.11 was issued to both the parties asking complainant to submit affidavit and asking Fespondent to submit version. Further notice of motion dated 8.12.11 was issued to the respondents. The respondent XEn submitted reply that interest @ 3.5% had been paid as Per SC No- 37/2006 and @ 6% as per SC No- 84/2006 but the complainants are i electric connection bearing A/c No. | ing for interest as per Electricity Act 2003. For action on the request of the complainant the matter has been referred to SE Op Circle Panipat and GM/Coraml Panchkula. Accordingly Summons were issued te both the parties for hearing on 111.12, Summons dt 16.1.12 were also issued to General Manager/Comml., UHBYN asking for comments in the matter, The GM/Comm! submitted copies of various Sales Circulars issued from time to time for payment of interest from the year 2005-2006 to date. From the Perusal of the same it is observed that interest @ 3.5% was notified for the period‘Complaint No. $45 of 2011 2005-06 and 2006-07 as per SC No- U-13/2006 and U-37/2006. He also submitted copies of judgment dt 28.4.11 of Hon'ble Punjab & Haryana High Court in case of LPA No- 671-675 of 2010 titled DHBVN VS Electricity Ombudsman & Others The Court has decided that interest is payable to the private original complainants in view of the provisions of section 47(4) which lays down that The distribution licensee shall pay interest equivalent to the bank rate or more, as may be specified by the concerned State Commission (HERC in this case), on the security referred to in sub-section (1) and refund such security on the request of the person who gave such security. So the matter to be considered is whether the respondent have paid the interest as per the provisions of section 47(4) of the Electricity Act 2003. In this regard the HERC have issued following notifications 1. Regulation No. HERC/12/2005 on Interest on Consumption Security and Meter Security which provided that the Licensee shall pay interest on Consumption Security and meter security deposited by the consumer at the Saving Bank rate notified by State Bank of India or such higher rate as the Commission may fix, from time to time. The interest accruing to the eredit of the consumer shall be adjusted in energy bills of April or May of every year or in the final bill if permanent disconnection is sought by the consumer during the year 2. Notification dt. 9th Sepiember, 2009 Regulation No.HERC/12/2005/Ist Amendment, 2009 amending notification No- HERC/12/2005 which provided that The licensee shall pay interest on consumption security and ‘meter security deposited by the consumer equivalent to the Bank Rate as determined by the Reserve Bank of India on Ist April of each year or such higher rate as the Commission may fix from time to time. The interest accruing to the consumer shall be adjusted in energy bill of April or May of every year calculated on annual basis or in the final bill if permanent disconnection is sought by the consumer during the year. The issues and the claims of the complainant before the Forum are that UHBVN as respondent Nigam have already paid interest as per the above notifications. 1. No interest has been paid for the period 10.12.2003 to 31.5.2005. 2. Interest at Saving Bank a/e rate @ 3.5% wrt Regulation No. HERC/12/2005 for the period 4/05 to 7/06 which is short by 2.5%, Owe 3Complaint No. 545 of 2011 3. Interest has been paid on bank rate @ 6% wef 8/06 which has not been disputed by the complainant. The Law has been interpreted and whole matter stands decided by the Hon'ble Punjab & Haryana High Court in case of LPA No- 671-675 of 2010 titled DHBVN VS Electricity Ombudsman & Others. So this Forum does not intend to interfereinake any futher interpretation However, since the complainant has filed a complaint with this Forum for issues at SNo-1 &2 above being a consumer of UHBVN the Forum observes and ides that the issues under present complaint have become time barred so far as. this Forum is concemed because the dispute of non-payment / short payment of interest is for the period 10.12.03 to 31.7.06 and complainant did not file their claim within one year of coming into existence of this Forum as per the time frame laid down under Regulation 8 ~ i) of the HERC notification dated — Regulation No- HERC / 02/2004. So the complaint is disposed of without any relief and without any cost on either side. The complainant is at liberty to approach appropriate authority for Redressal of its grievance. File be consigned to the office record. ‘The order is signed by the Consumer Grievances Redressal Forum on 30.03.2012. The compliance decision may reported within seven days of receipt of this order Avo (D.C-Aggarwal) (SK. Aggarwal) Member-II Member-I Se 6.