Whether a penny was returned by U.P.P.C.L. which was extorted additionally from poor consumers.


An application under section 142 of The Electricity Act 2003

  

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Yogi M. P. Singh

<yogimpsingh@gmail.com>

AttachmentSun, Aug 2, 2015 at 5:52 PM
To: secretary@uperc.org, cgrfvaranasi@gmail.com
Cc: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, hgovup@up.nic.in, cmup <cmup@up.nic.in>, csup <csup@up.nic.in>
Hon’ble Sir-Attached PDF documents , Arbitrary billing by Executive Engineer EDD II Mirzapur contains 17 pages documents.
1-Letter of secretary of Uttar Pradesh Electricity regulatory authority.
2-Letter of Executive Engineer ,EDD II Mirzapur affirming your applicant that your connection is having sanctioned load of Kilowat which was proved after enquiry.
3-Three pages proposed tariff  for LMV-1 for year 2015-16 it means whatever tariff was in financial year 2014-15 was less.
4-From page 6 to 17 are electricity bills of various months.
Hon’ble Sir –Please consider my complaint submitted under section 142 of electricity act 2003 and also take perusal of aforesaid documents thereafter pass appropriate order in accordance with the law which must be exemplary.
                                                                           Yours sincerely

                                                                          Yogi M. P. Singh  


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An application under section
142 of The  Electricity Act 2003.
Section 142.
(Punishment for non-compliance of directions by Appropriate Commission): In
case any complaint is filed before the Appropriate Commission by any person or
if that Commission is satisfied that any person has contravened any of the
provisions of this Act or the rules or regulations made thereunder, or any
direction issued by the Commission, the Appropriate Commission may after giving
such person an opportunity of being heard in the matter, by order in writing,
direct that, without prejudice to any other penalty to which he may be liable
under this Act, such person shall pay, by way of penalty, which shall not
exceed one lakh rupees for each contravention and in case of a continuing
failure with an additional penalty which may extend to six thousand rupees for
every day during which the failure continues after contravention of the first
such direction.
To
                Chairman ,Uttar Pradesh
Electricity Regulatory Commission                                                                          
                                  Through its Hon’ble
secretary address as
                       
                   
Secretary
UTTAR PRADESH
ELECTRICITY REGULATORY COMMISSION
II Floor,
Kisan Mandi Bhawan
Gomti Nagar,
Vibhuti Khand, Lucknow-226010
Phone:
+91-522-2720426
Email Id:
secretary@uperc.org
Fax:
+91-522-2720423
 Complainant -Mahesh Pratap
Singh (Yogi M. P. Singh )
Email-yogimpsingh@gmail.com
Mohalla-Surekapuram ,
Jabalpur Road , District-Mirzapur,State-Uttar Pradesh ,Mobile No.7379105911
Respondent-1-Executive
Engineer ,
Y N Ram, Electricity Distribution
division II .Phataha District-Mirzapur District code of telephone number
,telephone number ,mobile number and e-mail.
05442
256208/ 252008
9450963598
eddiimirzapur@gmail.com
 Respondent-2- Managing Director   
Sri Ajay Kumar Singh
        
0542-2318437
0542-2318348
Fax
0542-2319439
0542-2319152
mdpurvanchalvvnl@gmail.com Vidyut Nagar Hydel Colony
Bhikharipur PO DLW 
Varanasi
Prayer-Hon’ble Sir aforesaid
respondents took under teeth the reminder bearing serial 
No. UPERC/Secy/VCA/2015-452 addressed  to 2. Managing Director, Poorvanchal Vidyut
Vitran Nigam Ltd., Purvanchal Vidyut Bhawan, P.O. Vidyut
Nagar, DLW, Varanasi, Dated: 1.6.2015 so pecuniary must
be imposed on them so that no other could dare to overlook the directions of
Uttar Pradesh Electricity Regulatory Commission wilfully as done by aforesaid
duo .
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
Uttar Pradesh Electricity Regulatory Commission
Kisan Mandi Bhawan, II Floor, Gomti
Nagar, Lucknow-226010
Phone 2720426 Fax 2720423 E-mail
secretary@uperc.org
No. UPERC/Secy/VCA/2015-452
Dated: 1.6.2015
IMPORTANT & URGENT
To,
1. Managing Director, Madhyanchal Vidyut Vitran Nigam
Ltd., 4 Gokhale Marg, Lucknow
2. Managing Director, Poorvanchal Vidyut Vitran
Nigam Ltd., Purvanchal Vidyut Bhawan, P.O. Vidyut
Nagar, DLW, Varanasi.
3. Managing Director, Paschimanchal Vidyut Vitran Nigam
Ltd., Victoria Park, Meerut.
4. Managing Director, Dakshinanchal Vidyut Vitran Nigam
Ltd., Urja Bhawan 220, K.V. Up-Sansthan
Bypass Road Agra – 282007
5. Managing Director, Kanpur Electricity Supply Co. Ltd.,
14/71, Civil Lines, KESA House, Kanpur.
6. Managing Director & CEO, Noida Power Company Ltd.,
Commercial Complex H-Block, Alpha
Sector II, Greater Noida-201 308
7. CE, RAU, Regulatory Affairs Unit, U.P. Power
Corporation Ltd., 15th Floor, Shakti Bhawan
Extension, 14, Ashok Marg, Lucknow – 226001
Sir,
Kindly refer to Commission’s letter nos.
UPERC/Secy/VCA/2014-660 dated 23.7.2014, UPERC/Secy/VCA/2014-722
dated 1.8.2014] letter no.
UPERC/Secy/VCA/2014-947 dated 4.9.2014 and letter no. UPERC/Secy/VCA/2015-178
dated 28.4.2015 respectively regarding charging of MD penalty and
additional fixed charge from the (domestic) consumers. I have been directed to
say that you may take immediate action for modifications in billing software to
remove any such anomalies, if any, in the case of LMV-1 (domestic) consumers.
Further you may take immediate action for
modification in billing software, if any, to provide benefits to LMV-1 (domestic)
consumers as per Clauses 6 & 7(ii) [for eg. 75%] of the General Provisions
of the Rate Schedule of the Tariff Orders for FY 2013-14.
If any excess amount has been charged on
account of MD Penalty and additional fixed charge, then it shall be duly adjusted
in the next two billing cycles of the respective consumers.
                                                                                              
Yours sincerely,
                                                                  
                        (Sanjay
Srivastava)
                                                                                                
Secretary
Cc:
1. Chairman, UP Power Corporation Ltd.7th Floor, Shakti
Bhawan, 14, Ashok Marg, Lucknow.
2. Managing Director, UP Power Corporation Ltd.7th Floor,
Shakti Bhawan, 14, Ashok Marg, Lucknow.
2-It is submitted
before the Hon’ble Sir that here this question arises that whether modification
in billing soft ware took place if not why? Whether in this way excess charged
amount by erring staff of Uttar Pradesh power corporation from the poor
consumers will be returned back to them .
3-It is submitted
before the Hon’ble Sir that whether only to articulate ,Uttar Pradesh
Electricity regulatory commission is an autonomous body as  its function jpsofacto imply that it is itself
impotent in order to get compliance of its own order. Whether the rampant
corruption and grown tyranny in the function of staffs of  Uttar Pradesh power corporation limited  is not consequent of impotency of the
regulatory commission.
4-It is submitted
before the Hon’ble Sir that according to your estimate near about 200 crore was
additionally charged from rural consumers by erring staff of Uttar Pradesh
Power Crporation Limited and you Hon’ble Sir passed the order in order to grant
them justice suo motto but what happened thereafter ? Whether a penny was
returned back unfortunately not a single penny was returned back. Here this
question arises that how the regulatory authority is regulating the department?
Section 142 provides the enormous power to commission but it is mystery that
when commission will invoke it. What is the use of such powers which are never
used ? How many erring staffs of Uttar Pradesh power corporation  were penalized under section 142 ? Now the
inflation is too much high so this meagre amount one lac  will not create fear in the mind of
wrongdoers.
5-It is submitted
before the Hon’ble Sir that
Hon’ble Sir our fundamental rights are crushed in
this state and in the name of remedy we get a false expectation through
dailies.
   

  

 Mahesh Pratap Singh Yogi M P Singh
 <yogimpsingh@gmail.com>

Sat, 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 .


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 comments on Whether a penny was returned by U.P.P.C.L. which was extorted additionally from poor consumers.

  1. 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.

  2. It seems that maximum accountable public functionaries so inefficient that they can't understand the meaning contents of the letters in the letter. Once they have left the study after getting job ,don't want to touch books again. This is too much precarious situation not in favor of our mother land.

  3. कम्प्यूटर सँख्या : PG05669400 , प्रेषित तिथि 08/08/2015, पत्रांक : -PG05669400/लो.शि.-2/2015
    विषय : प्रार्थना पत्र अण्‍डरं सेक्‍सन 142 का विद्युतिकरण नियम 2003
    प्रेषक : श्रीएम0 पी0 सिहं , 2 तल किसान मण्‍डी भवन ,गोमती नगर , लखनऊ , उत्तर प्रदेश
    प्रेषित : प्रबन्ध निदेशक, उ.प्र.पावर कारपोरेशन लि., उत्तर प्रदेश
    संदर्भ प्रकार : अन्तरित
    सन्दर्भ स्थिति – अन्तरित, अन्तरण दिनांक : 08/08/2015
    निस्तारण विवरण: अन्तरित । आपका प्रार्थना-पत्र निस्तारण हेतु प्रबन्ध निदेशक, उ.प्र.पावर कारपोरेशन लि., उत्तर प्रदेश को प्रेषित कर दिया गया है । कृपया सम्बंधित अधिकारी से अपने कम्प्यूटर सन्दर्भ संख्या के साथ संपर्क करने का कष्ट करें ।
    सम्बन्धित अधिकारी/विभाग द्वारा भरी गयी सूचना-
    अध्यावधिक स्थिति : –
    सम्बन्धित अनुभाग : –
    सम्बन्धित जनपद : –
    जवाब भेजे जाने की तिथि : –
    अभियुक्ति : –

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