Hon’ble Sir our fundamental rights are crushed as remedy we get a false expectation through dailies.

Hon’ble Sir our fundamental rights are crushed in this state and in the name of remedy we get a false expectation through dailies.

  

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Mahesh Pratap Singh Yogi M P Singh

<yogimpsingh@gmail.com>

AttachmentSat, May 30, 2015 at 12:29 PM
To: supremecourt <supremecourt@nic.in>, csup <csup@up.nic.in>
Cc: cmup <cmup@up.nic.in>, “hgovup@up.nic.in” <hgovup@up.nic.in>, secretary@uperc.org
Bcc: pmosb <pmosb@pmo.nic.in>, urgent-action <urgent-action@ohchr.org>
Whether it is justified that in the name licensee Electricity companies are looting the innocent consumers in the state by taking accountable public functionaries of Government of Uttar Pradesh in good faith.
30 May 2015
09:20
                 “An application under article 32 of constitution of India.”
To
                            Hon’ble Chief Justice of India /Companion judges of Apex court of India
                                      New Delhi , India
Petitioner- Mahesh Pratap Singh (Yogi M. P. Singh)
            Mohalla-Surekapuram, Jabalpur Road 
           District-Mirzapur , Uttar Pradesh ,India .
Respondent-Chief secretary , Government of 
                 Uttar Pradesh , Lucknow 
Prayer -Please direct Government of Uttar Pradesh to return back the additionally charged tariff from the innocent consumers of Uttar Pradesh Power corporation limited by issuing arbitrary electricity bills through its staff.
Hon’ble Sir -in regard to order passed by electricity regulatory commission
(I. B. Pandey)                       (Meenakshi Singh)                              (Desh Deepak Verma)
     Member                                 Member                                                       Chairman    
Place: Lucknow
Date: 29 May, 2015
Why electricity regulatory commission remained mute spectators in regard to additional tariff charged from consumers by the electricity company in the name of normative charge by violating electricity code as  Further, the Licensees must also note that the Electricity Supply Code also provides that such provisional billing should not extend more than two billing cycles.  . By stating in its order that in future any tariff increase like normative charge from 80 unit per month per kilowatt sanctioned load to  155 unit per month per kilowatt sanctioned load will need prior approval of Electricity regulatory commission. Whether this steep hike in normative charge was justified. At present in Government of Uttaranchal which was earlier integral part of Uttar Pradesh still charging  100 unit per month per kilowatt sanctioned load . This arbitrary draconian decision of electricity companies i.e. Department of Uttar Pradesh power corporation limited was upheld by the electricity regulatory commission. Whether it was not obligatory duty of electricity regulatory commission to direct erring electricity companies to return back tariff charged arbitrarily from the consumers by issuing arbitrary bills. In regard to declaring a meter as  defective ,no criteria was set up which arbitrary power of department of Uttar Pradesh power corporation limited. They can declare any meter defective at any time. Hon’ble Sir may be pleased to take the perusal of impugned order passed by Electricity regulatory authority which is attached with this application.
With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that Hon’ble Sir-Please take a glance of Comparative dealings of Government of Uttar Pradesh and Government of Uttaranchal in regard to consumers who utilize electricity .
Government of Uttar Pradesh                                                   Government of Uttaranchal
155 unit per kilowatt sanctioned load per month             100 unit per kilowatt sanctioned load per month
In regard to normative charge in rural areas    –   
Government of Uttar Pradesh                                                   Government of Uttaranchal
120 unit per kilowatt sanctioned load per month             50 unit per kilowatt sanctioned load per month
The condition of supply of electricity is better in Government of Uttaranchal in comparison to Government of Uttar Pradesh.
In Government of Uttar Pradesh without checking the load it is supposed that all the consumers must have sanctioned load of 2 kilowatt whether their load may be greater than two kilo watts or less but in Government of Uttaranchal rule of Law is abided.
In Government of Uttar Pradesh whatever lower rank staff speaks same is pursued by most higher rank in administrative hierarchy but in Uttaranchal Government is not so because they are still spared from the regime of two regional parties.
Hon’ble Sir whether this is not persecution of your applicant that despite repeated request , Executive Engineer ,EDD II didn’t  take a single step which may be legitimate and consumer friendly.
Executive engineer ,  EDD II Mirzapur may be directed to provide me compensation  as damages occurred in the form of extreme mental and physical pain to consumers of district Mirzapur  because of his tyranny and unlawful activity which are ultravires to constitution of India.
He proved the story which is titled as
अंधेर नगरी चौपट राजा |
टका सेर भाजी टका सेर  खाजा |
Entire story and other supportive evidences are annexed with this representation.
Matter is concerned with -Consumer name-Kesho Pratap Singh (Younger brother of applicant),Address-S/O Rajendra , Surekapuram , Mirzapur,AccountNo.8667726000 , Meter No.M466811001865991089775983 .Actually this bill is paid by me.
From 14/05/2014 to 27/06/2014 department of electricity charged your applicant Rs.957.00 of 44 days.
 From  27/06/2014 to 30/07/2014 department of electricity charged your applicant Rs.1703.00 of 33 days. Whether it is justified. 
From   30/07/2014 to 16/08/2014 department of electricity charged your applicant Rs.853.00 of 17 days . Whether it is justified.
From   16/08/2014 to 11/09/2014 department of electricity charged your applicant Rs.850.00 of 27 days.
From   11/09/2014 to 29/10/2014 department of electricity charged your applicant Rs.890.00 of 40 days.
From  29/10/2014 to 16/11/2014 department of electricity charged your applicant Rs.898.00 of 17 days.
From  16/11/2014 to 10/12/2014 department of electricity charged your applicant Rs.915.00 of 24 days .
From  10/12/2014 to 13/01/2015 department of electricity charged your applicant Rs.955.00 of 34 days .
From  13/01/2015 to 08/02/2015 department of electricity charged your applicant Rs.941.00 of 27 days .
From   08/02/2015 to 11/03/2015  department of electricity charged your applicant Rs.1717.00 of 27 days .
From  11/03/2015 to 09/04/2015  department of electricity charged your applicant Rs.1654.00 of 30 days .
From  09/04/2015 to 08/05/2015  department of electricity charged your applicant Rs.1644.00 of 30 days .
Hon’ble Sir whatever meter reading is taken by the meter reader , these bills are not based on those readings.
Executive Engineer EDD II Mirzapur behaves like Chaupat Raja of myth. One night he dreamt that all the electric meters installed in Mirzapur district are out of use , next morning he issued verbal circular to his subordinates that all the meters installed in the compound of consumers be declared faulty and they may be issued bill by charging maximum units.
On the next night he again dreamt that no sanctioned load in Mirzapur district are less than 2 killo watt , next morning he woke up , directed his subordinates that all the sanctioned load of 1 kilo watt be made 2 kilo watt. Poor consumers felt privileged that they have been kept in the category of those consumers who use A Cs in all rooms and spend luxurious life. They are giving thanks to ongoing incumbent and waiting election to exercise franchise .
Again this concept came in his mind , on the basis of defective meters ,we can only charge 80 kilo per kilo watt and I have doubled the burden on consumers in the name of increasing their status but still not sufficient for our luxuries so he charged 155 units per kilo watt in the month of July as permission of electricity regulatory commission couldn’t be taken so this practice was continued by him from the month of February and still continued. Financial decisions are taken in the month of March and implemented in forthcoming months but this draconian tariff was enforced in the first week of March but had retrospective effect and shown its cruelty on the consumers in the bill of February month. Most surprising that this draconian tariff still not have approval of electricity regulatory authority but have support of myth king as the originator.
2-It is submitted before the Hon’ble Sir that
Further, the Licensees clarified that provisional billing is done by the Licensees for consumers with defective meters or no meters (i.e. in the case where the consumers were given metered connection but meters are not yet installed) and such arrangement is only for the ‘interim’ period and once the meters on such consumers would be installed then the final adjustment will be done based on the provisions of Supply Code. In this regard, the Commission enquired the duration of ‘interim’ period, to which the Licensee failed to give a satisfactory reply. Further, the Licensees must also note that the Electricity Supply Code also provides that such provisional billing should not extend more than two billing cycles.
3-It is submitted before the Hon’ble Sir that
 The Commission is not satisfied by the concern shown by the licensee to make their officers / employees accountable for delaying replacement of defective meters, and that by this order the affected consumer will also press the authority for immediate replacement of defective meters to avoid high provisional bills, and it appears as if the licensee’s interest is only for collection of higher revenue and not for fast replacement of defective meters and this may well lead to sheer exploitation of consumers. Therefore this practice absolutely does not ensure a fair treatment to consumers, but speaks of inefficiency of the licensee.
4-It is submitted before the Hon’ble Sir that
Thus, the Commission after taking into consideration the above facts and considering the constraints being faced by the Licensees on the procedural, procurement, financial and other matters directs the Licensees to use the normative consumption billing method for defective meters as per the provisions specified in the Electricity Supply Code, 2005. However, for the consumers with no meters (i.e. in the case where the consumers were given metered connection but meters are not yet installed) the provisional billing shall continue only for a maximum period of two billing cycles, during which the Licensees should ensure the meters get installed. Thereafter, the Licensees shall not be entitled to raise any bill from the consumers without installation of meters.
5-It is submitted before the Hon’ble Sir that
It is further clarified that the revenue loss on this account must be borne by the Licensees and the revenue loss would be considered as deemed revenue. Thus, appropriate accounting in this regard must be done by the Licensees. Further, the Commission also directs the Licensees that before changing / revising any consumption norms, prior approval of the Commission must be taken by the Licensees in future.
6-It is submitted before the Hon’ble Sir that
Central Government Act
Article 51A in The Constitution Of India 1949
51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
7-It is submitted before the Hon’ble Sir that
Central Government Act
Article 32 in The Constitution Of India 1949
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
8-It is submitted before the Hon’ble Sir that
If the new tariff rate 155 unit per kilo watt on domestic connection in Urban area and 120 unit per kilo watt in rural area for those having defective meters or without meters was issued in the month of March  by commercial director ,then how it was enforced in the month of February bill issued on 11/03/2015 . Whether this order had retrospective effect.
9-It is submitted before the Hon’ble Sir that
Today your applicant paid the entire bill made available arbitrarily to your applicant which amounted to Rs.8029.00 .What is the need of electricity regulatory commission when at this low rate ,corrupt staffs of department of electricity extorting four times the actual bill by having tacit understanding with the daily paid workers of contractors.
Hon’ble Sir-Whether it is justified that the meter readings taken by the staff of contractor may be kept in garbage and arbitrary bills may be made available to the consumers.
10-It is submitted before the Hon’ble Sir that
There is no effect enquiry of S.T.F. and directives of electricity regulatory commission on the staffs of electricity companies at ground level as working style is not varied 
Ipsofacto obvious that order/circular of department issued for subordinates to enhance Tariff from 80 units per kilo watt to 155 units per kilo watt having retrospective effect was sheer arbitrary unconstitutional without the permission of electricity regulatory authority. Why action was not taken by concerned who passed this arbitrary circular ?
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                           ‘Yours  sincerely
                            Yogi M. P. Singh
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India .


3 attachments — Download all attachments
OrderonNormativeConsumption-29May2015-pdf529201563311PM.pdf
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When U.P.P.C.L. overlooking electricity regulatory commission.pdf
642K View as HTML Download
R.T.I. Communique to Executive Engineer ,E.D.D.( II) Mirzapur.pdf
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2 comments on Hon’ble Sir our fundamental rights are crushed as remedy we get a false expectation through dailies.

  1. Please direct Government of Uttar Pradesh to return back the additionally charged tariff from the innocent consumers of Uttar Pradesh Power corporation limited by issuing arbitrary electricity bills through its staff.
    Hon'ble Sir-Whether it is justified that the meter readings taken by the staff of contractor may be kept in garbage and arbitrary bills may be made available to the consumers.

  2. We have seen the outcome of STF probe as directed by the Government of Uttar Pradesh and we have also seen the performance of electricity regulatory commission which was not consumers friendly only a pacifying approach so that anger of public may not out burst. Licensee and electricity companies are openly looting the consumers. Now this question arises that whether any action would be taken by the Government of india.

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