/01/2022

To,
Hon’ble Chairman,
HERC, Panchkula,
Haryana

Subject: Reference Public Notice inviting Objections/Comments/Suggestion on the petition filed

by DHBVN titled as DHBVN Vs M/s Ansals properties and Infrastructure and ors
(HERC/Petition No.-55 of 2021)

Sir,

It is hereby submitted that smt santosh kumari ansal esencia ffc1142 who may be prospective buyers
on these 13 developer areas strongly and vehemently oppose the subject petition HERC/Petition
No.-55 of 2021 filed by DHBVN before the Hon’ble Commission.

 The subject petition is untenable as it is fundamentally and constitutionally flawed and it

against the interest of citizens of not alone Gurugam but also against all those citizens of
India who are prospective buyers of property in Gurugram.

 DHBVN is trying to project the subject petition to be in the interest of property owners in
builder colonies in Gurugram. The fact of the matter is that this is an attempt by the
petitioner to bail out builders of their liabilities towards building adequate distribution
electric infrastructure in the licensed colonies in spite of the fact that property owners have
paid the entire amount of EDC/IDC to the builder(s).

 We believe that DHBVN would have granted distribution license to developer on certain T&C
in the agreement with them. It is important to know whether DHBVN has mentioned in its
agreement with the developer that in case builder does not develop adequate infrastructure
then the cost towards upgrading infrastructure would be borne by the property owners
when the property owners have already paid EDC/IDC to the developer?

 As per the petition, the licensee developers have defaulted on its responsibility towards
developing adequate infrastructure at peak load and financial liability thereof and a proposal
is being put forth to charge property owners multiple times the cost of 1 KW connection as
per HERC regulations. Thereby, DHBVN is trying to penalize innocent property owners for
default on the part of developers.
It is pertinent to state that at the time of grant of license, DTCP/DHBVN should have made it
clear in their agreements, which is believed to have been based upon terms and conditions
and duly signed, what action would be taken if the developer defaults on the payment of
EDC/IDC to the department.
Now, to save the developer of its offense, DHBVN is in a way attempting to coerce the
property owners into paying infrastructural inadequacy costs to provide them an essential
service as DHBVN knows fully well that the property owners have no other option.

 As per Pg. 5 of the petition A3: Pt. 8

 “The proposed charges would be applicable up to 31.03.2023 and would be enhanced by
10% every financial year thereafter”
This point by DHBVN is clearly indicating that this is going to be a never-ending extortion by
DHBVN/Government of Haryana from innocent property owners living in the area of the 13
respondents mentioned in the petition.
The DHBVN is purposefully and intentionally trying to absolve the respondent developers
from their responsibilities of pending dues to DHBVN.
How is DHBVN different from the defaulting builder?

 It would be unfortunate and completely wrong precedence set by the Hon’ble Commission if
it gives direction in favour of DHBVN.
It would be against the interests of a vast majority of existing property owners and to-be
property owners of these 13 developer colonies.

 The basic ground of the petition is that the distribution infrastructure is inadequate.
Therefore, any new connection/enhanced load will have to be granted at an exorbitantly
high per kilowatt rate/cost.
It’s pertinent to mention that the infrastructure deficiency is for all the property owners
residing in the 13 colonies and to-be property owners of the 13 colonies. Hence, why is it
that only the new consumers/consumers needing load enhancement, are going to be
charged for this as opposed to all the existing consumers of the colony who are going to use
the same infrastructure.

 Electricity is an essential service. DHBVN is the distributor of this service. Therefore, this
petition is totally against the interests of the property owners and anti-citizen and liable to
be rejected. If the prayers of this petition is granted it will set a wrong example. In future it
may happen that any utility supplier may pass on the liability of its licensee to the end
consumers thus hurting the interest of innocent citizens and financially burdening them.
DHBVN is simply trying to shift the responsibility of the developer’s financial liability upon
the property owners of these 13 developer colonies, which is fundamentally wrong
therefore illegal.

 Ardee City is being quoted as example to justify the move.

Fact check: Ardee City (Plotted Colony) was taken over by the DHBVN in Sep 2018. DHBVN
had put condition of takeover of the colony with payment of infrastructure deficiency cost of
6.56 Cr by all the residents living in the plotted colony. Each resident was asked to pay
26000/ which they did. Later on, the developer also fulfilled the liability. But DHBVN has
done little to upgrade the inadequate infrastructure. Panels are in worse possible conditions
and beyond repair. Service cables are rarely provided by DHBVN therefore consumers forced
ad compelled to through their own pockets. All this when infrastructure deficiency cost has
been taken twice by the Nigam. Once from the residents and then from the developer. And
till date residents have not been refunded the inadequacy amount as per commitment of
refunding once the developer completes the deficiency. Commission should visit the site to
see the condition of infrastructure after excess payment being made to DHBVN.

Why is it that in current case not all the residents but just the new connection/enhanced
load are being asked to pay although the infrastructure is going to be used by all, in case of
Ardee City it was charged from all the property owners living in the area? This is a well
 thought Govt plan as it knows that more citizens involved means more noise. But what it
didn’t realise is that this will impact the entire nation because anyone across nation can be
prospective buyers of the properties in the areas concerned. Hence, it is totally a move to
absolve the builder of all its liabilities and putting it on the citizens of India.

Proposed Solution
Each of these developers have commercial properties and other properties of their own. DHBVN
should disconnect the electricity supply for those properties until and unless these developers pay
their pending dues or upgrade their infrastructure deficiencies.
Government of Haryana should attach the property of these developers instead of bailing out these
developers of their responsibilities and putting their pending dues on the property owners.