Re: Fw: Adherence to HERC/ HAREDA Regulations issued under Electricity Act, 2003/ Energy Conservation Act, 2001

[Ganga Sahai]

Dear Sh Oberoi

 

I would like to clarify some legal provisions of EA 2003 wrt to issues raised in your mail relating to Electric Supply to Group Housing Colonies.

 

Firstly, it is for info of all RWAs that the builders having licence under the Haryana Development & Urban Area Act, 1975 are not the Licensees under Parliamentary Law, The Electricity Act, 2003. The licence under EA 2003 is granted by SERCs u/s 14 of the Act while the licence for setting up of residential Group Housing Colonies is granted by TCP Deptt of Haryana under State Laws.
Therefore, all the provisions cited in subject mail which are applicable to Distribution Licensee under EA 2003 are not applicable to the builders or the RWAs who are simply Consumers under EA 2003 and not Licensees.

 

Secondly, SERCs u/s 13 of EA 2003, may, on recommendations of State Govt and by notification, exempt Associations/Co-operative Societies or franchisees with certain conditions/restrictions from obtaining Licence. To the best of my knowledge, none of the builders or the RWAs have been granted such exemption by HERC. It is for info of all that a frnchisee has been defined u/s 2(27) of the Act as a person authorised by a Distribution Licensee to distribute electricity on its behalf in a particular area within his area of supply. To the best of my knowledge, none of the builders or the RWAs has been authorised by DHBVNL to act as their franchisee.

 

Thirdly, the builders or the RWAs, when supplied electricity by DISCOMS/State Govt Utilities(DHBVNL), are simply consumers as defined u/s 2(15) of the Act. Any Consumer/RWA/Co-operative Society can have Captive generating plant primarily for use of their members u/s 2(8) of the Act. The RWAs are supplied single point bulk domestic supply under tariff orders from SERCs under provisions of The Electricity (Removal of Difficulties) Eighth Order, 2005 issued by Central Govt (Ministry of Power). Otherwise, without issue of exemption from licence or without being approved as a frenchisee, the RWAs are not entitled to receive bulk supply and distribute to their members, all of whom are individual consumers of DISCOMs in the eye of Law. 

 

Fourthly, it may be noted that builders receiving bulk supply are not entitled bulk domestic tariff which is cheaper than the bulk supply tariff. The Ministry of Power order and the bulk domestic tariff granted by SERCs is applicable only for RWAs. The builders applying for bulk supply in the name RWAs even before completion of Internal Development of Electricity Infra-structure approved by their DTCP, are manupulating the continued control of electric distribubtion in their hands through their fake/protege RWAs to charge CMC even without completion of Housing Complex which they are not entitled as per DTCP orders/clarification.

 

So, dear friends, dont get confused in the web of Laws and take early action to take control of eletricity billing and administration of Housing Complex/Colonies in your own hands by forming/registering Societies under HAO Act asper latest DGTCP order dt 10.10.2012. Imho, this is the only early solution of all electricity related problems of high tariffs etc. The Haryana Registration and Regulation of Societies Act, 2012 has come as an opportunity to all the RWAs for this purpose.
 

Thanks and regards all

Ganga Sahai

Parsvnath Geen Ville

 

On Wed, Oct 24, 2012 at 10:25 PM, Sarvadaman Oberoi <mob...@yahoo.co.uk> wrote:

For info wrt Sh Ganga Sahai email dated 16 October 2012 (reproduced below) to all Apartment Owners Associations.

The HERC needs to take notice of the gross overcharging by builders much in excess of HERC Approved Tariff and also failure of builders to submit Annual accounts under section 22 of THE HARYANA ELECTRICITY REFORM ACT, 1997 and also failure of builders to:

(a) Maintain record as per Schedule I of Regulation No. HERC/04/2004 dt 16.07.2004 relating to Guaranteed Standards of Performance.

(b) Maintain record as per Schedule II of Regulation No. HERC/04/2004 dt 16.07.2004 relating to Overall Standards of Performance.

(c) The Licensee shall register every complaint of a consumer. The Licensee shall computerise the registration of every complaint of a consumer through automatic answering machine or any other such means intimating the complaint number to the consumer automatically vide Regulation 6.2.

(d) The Licensee shall maintain relevant records consumer-wise regarding the Standards of performance in order to give a fair treatment to all consumers and avoid any dispute regarding violation of standards vide Regulation 6.3.

(e) Every Licensee shall furnish to the Commission information in the Performa placed at Schedule-III of Regulation No. HERC/04/2004 dt 16.07.2004.

(f) The licensee shall compute and report the value of the reliability/outage indices prescribed by the Institute of Electrical and Electronics Engineers (IEEE) Standard 1366 of 1998 vide Regulation 8.3:

(i) System Average Interruption Frequency Index (SAIFI)

(ii) System Average Interruption Duration Index (SAIDI)

(iii) Momentary Average Interruption Frequency Index (MAIFI)

(In order to enable this data to be properly generated and reported SCADA System is mandatory.)

 

HERC may kindly consider these aspects as well before passing any order.

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: mob...@yahoo.co.uk

----- Forwarded Message -----
From: Sarvadaman Oberoi <mob...@yahoo.co.uk>
To: vikas jewalikar <vikas.j...@unitechgroup.com>
Cc: K Ramamurthy <ramamu...@ireo.in>; "herc...@nic.in" <herc...@nic.in>; "se.gu...@gmail.com" <se.gu...@gmail.com>
Sent: Saturday, 20 October 2012, 20:31
Subject: Fw: Adherence to HERC/ HAREDA Regulations issued under Electricity Act, 2003/ Energy Conservation Act, 2001

To,

Sh Vikas Jewalikar

General Manager, Unitech Ltd.

Forwarded. Not giving of  reply by Unitech to this email of 20 August 2012 which is basis Electricity Acts and Para 5.13 of National Electricity Policy 2005 is anti-consumer act which is punishable with fine in a fit case.

Refusal to accept bill calculated as per Tariff Approved by HERC w.e.f. 01.04.2012by your Estate manager on 20.10.2012 is not understood and is completely  untenable.

We do not appreciate the threat held out by your Estate Manager to some of our residents that Unitech would disconnect the electricity to individual apartments, but at the same time a dozen residents have reported that their cheques were refused by the Estate Manager and the same are in custody of the Secretary UGAOA. Kindly give directions to Estate Manager to accept the cheques within next 48 hours, failing which, action as deemed appropriate shall be taken by the Association.

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: mob...@yahoo.co.uk

----- Forwarded Message -----
From: Sarvadaman Oberoi <mob...@yahoo.co.uk>
To: "sk.ma...@unitechgroup.com" <sk.ma...@unitechgroup.com>
Cc: K Ramamurthy <ramamu...@ireo.in>; Mahesh Lekhi <m...@sourcescanagency.com>; RCS Mehra <depl_...@yahoo.co.in>; "vikram....@unitechgroup.com" <vikram....@unitechgroup.com>; "balkuma...@unitechgroup.com" <balkuma...@unitechgroup.com>
Sent: Monday, 20 August 2012, 13:25
Subject: Adherence to HERC/ HAREDA Regulations issued under Electricity Act, 2003/ Energy Conservation Act, 2001

To,

Sh. S.K. Mahajan

Executive Vice President

Unitech Limited

Unitech House,

Block-L, South City-I, Gurgaon 122001

 

Subject: Adherence to HERC/ HAREDA Regulations issued under Electricity Act, 2003/ Energy Conservation Act, 2001

 

Dear Sir,

                Sections 21 & 22 of THE HARYANA ELECTRICITY REFORM ACT, 1997 (HARYANA ACT NO. 10 OF 1998) provide as follows:
"Restrictions on licensees and Generating Companies.
21. (1) No licensee or Generating Company shall, at any time, without the previous consent in writing of the Commission acquire by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned any other licensee or person generating, transmitting, supplying or intending to generate, transmit or supply electricity:
Provided that, before applying for such consent the licensee shall give not less than one month's notice of the application-
(a) to the Commission; and
(b) if the licensee holds a supply licence, to every local authority both in the licensee's area of supply and also in the area, if any, in which such other person supplies, or intends to supply energy.
(2) The licensee shall not at any time, assign his licence or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Commission.
(3) The provisions of section 44 of the Electricity (Supply) Act, 1948 shall apply except that the persons to whom the section applies shall be required to obtain the sanctions and consents from the Commission, instead of such sanctions and consents to be obtained from the Board as provided under that section.
(4) A holder of a supply or transmission licence may, unless expressly prohibited by the terms of its licence, enter into arrangements for the purchase of electricity from-
(a) the holder of a supply licence which permits the holder of such licence to supply energy to other licensees for distribution by them; and
(b) any person or Generating Company with the consent of the Commission.
(5) Any agreement relating to any transaction of the nature described in sub-sections (1), (2), (3) or (4) unless made with, or subject to such consent as aforesaid, shall be void.
Annual Accounts of licensee.
22. Every licensee shall, unless expressly exempted by the licence, prepare and render to the Commission, or before the date in each year specified in the licence, an annual statement or statements of accounts of its undertaking and of each separate business unit as specified in the licence made up to such date, in such form and containing such particulars as may be set out in the licence. It shall be a term of the licence that such statements shall be published."

 

THE ELECTRICITY ACT, 2003 [No. 36 OF 2003] is "An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto."

Sections 2 & 9 of THE ELECTRICITY ACT, 2003 [No. 36 OF 2003] provide as follows:

"Definitions
2. In this Act, unless the context otherwise requires,

xxx

(8) “ Captive generating plant” means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such cooperative society or association;
xxx

Captive Generation
9. (1) Notwithstanding anything contained in this Act, a person may construct, maintain or operate a captive generating plant and dedicated transmission lines:
Provided that the supply of electricity from the captive generating plant through the grid shall be regulated in the same manner as the generating station of a generating company.
(2) Every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying electricity from his captive generating plant to the destination of his use:
Provided that such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the Central Transmission Utility or the State Transmission Utility, as the case may be:
Provided further that any dispute regarding the availability of transmission facility shall be adjudicated upon by the Appropriate Commission."

 

Para 2 (g) of Regulation No. HERC/04/2004 dt 16.07.2004 issued in exercise of the powers conferred under Section 57 and 59 read with subsection 2(za) and 2(zb) of section 181 of the Electricity Act 2003 (Act No.: 36 of 2003) defines licensee as follows:
(g) “Licensee” means the Distribution and/or Retail supply Licensee;

 

Paragraph 1 (v) of HAREDA Order No. 22/52/05-5P dt 29.07.2005 issued in exercise of the powers conferred by Section 18 of the Energy Conservation Act, 2001 (52 of 2001) has directed Mandatory use of Solar Water Heating Systems in Housing Complexes set up by Group Housing Societies/Housing Boards.

 

Chapter 9 of Regulation No. HERC/23/2010 dt 03.02.2011 issued in exercise of the powers conferred under section 181 of the Electricity Act 2003 (Act No.: 36 of 2003) has laid down the technology specific parameters for Solar Thermal Power Project. (copy att)

 

Therefore the licensee for Uniworld Garden (both as bulk licensee of DHBVN & as distribution licensee for captive generation) is mandated to adhere to the Regulation No. HERC/04/2004 dt 16.07.2004 and HAREDA Order No. 22/52/05-5P dt 29.07.2005. Copies of the same is attached for ready reference.

 

The following actions therefore need to be taken by licensee (presently the operation of this license is with Unitech/JLL):
(a) Installation of Solar Water Heating Systems under HAREDA Order dt 29.07.2005. In case this is not found feasible HAREDA may be approached to permit installation of an equivalent renewable energy Solar Thermal Power Project of 400 Kw under Regulation No. HERC/23/2010 dt 03.02.2011 and exempt the mandate of HAREDA Order No. 22/52/05-5P dt 29.07.2005.
(b) Maintain record as per Schedule I of Regulation No. HERC/04/2004 dt 16.07.2004 relating to Guaranteed Standards of Performance.
(c) Maintain record as per Schedule II of Regulation No. HERC/04/2004 dt 16.07.2004 relating to Overall Standards of Performance.
(d) The Licensee shall register every complaint of a consumer. The Licensee shall computerise the registration of every complaint of a consumer through automatic answering machine or any other such means intimating the complaint number to the consumer automatically vide Regulation 6.2.
(e) The Licensee shall maintain relevant records consumer-wise regarding the Standards of performance in order to give a fair treatment to all consumers and avoid any dispute regarding violation of standards vide Regulation 6.3.
(f) Every Licensee shall furnish to the Commission information in the Performa placed at Schedule-III of Regulation No. HERC/04/2004 dt 16.07.2004.
(g) The licensee shall compute and report the value of the reliability/outage indices prescribed by the Institute of Electrical and Electronics Engineers (IEEE) Standard 1366 of 1998 vide Regulation 8.3:
(i) System Average Interruption Frequency Index (SAIFI)
(ii) System Average Interruption Duration Index (SAIDI)
(iii) Momentary Average Interruption Frequency Index (MAIFI)

(In order to enable this data to be properly generated and reported SCADA System is mandatory.)

 

Kindly intimate actions taken (incl on SWHS), reports furnished, account statements submitted to the regulator for our information. Kindly also provide information/ permission/sanction as regards distribution licensee for captive generation (DG Sets) at Uniworld Garden.

 

Regards.

Secretary UGAOA.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: mob...@yahoo.co.uk

EARLIER EMAIL TODAY:

----- Forwarded Message -----
From: Sarvadaman Oberoi <mob...@yahoo.co.uk>
To: vikas jewalikar <vikas.j...@unitechgroup.com> 
Cc: K Ramamurthy <ramamu...@ireo.in> 
Sent: Saturday, 20 October 2012, 11:11
Subject: Fw: Electricity Rates

Forwarded. 

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: mob...@yahoo.co.uk

----- Forwarded Message -----
From: Sarvadaman Oberoi <mob...@yahoo.co.uk>
To: Ramamurthy KalyanSundaram <Ramamu...@ireo.in> 
Cc: Derek Prabhu <dandl...@airtelmail.in>; Roop Patney <rkpa...@airtelmail.in> 
Sent: Thursday, 18 October 2012, 23:53
Subject: Re: Electricity Rates

The only categories that fall in BULK SUPPLY category are:

i) M.E.S and other Military Establishments,

ii) Railways, other than traction.

iii) Central P.W.D,

iv) Hospitals,

v) Schools/Colleges/Educational Institutions and other institutions

vi) Other similar Establishments.

Group Housing Societies do not qualify in BULK SUPPLY category. 

Also by not implementing the SWHS in the Complex, residents are denied a rebate due to them from DHBVN. DHBVN had issued sales circular no. D-7/2007 pursuant to Haryana Govt. Gazette (extra ordinary) No.22/52/2005-5P dated 29.07.2005 for rebate in electricty bill of each apartment/ house using SWHS. ( SeeHaryana Govt Memo No.22/52/2005-5 Power dated 18.02.2010 below)

 Group Housing Societies only qualify for BULK SUPPLY DOMESTIC category, and can never be permitted BULK SUPPLY category under HERC Regulations. DHBVN Sales Circular No. D-25/2012 dated 21.08.2012 has stated:

"NOTES (under BULK SUPPLY DOMESTIC category 2012)

(a)Domestic load shall include the connected load of lifts, water supply pumps and fire fighting water pumps and shall form part of 85% of the total connected load.

(b) No industrial activity shall be permitted inside the complex." 

There is more to this than meets the eye - DHBVN has mysteriously removed earlier NOTE (c) (under BULK SUPPLY DOMESTIC category 2011) that "Further distribution of power for resale shall be subject to the relevant provisions of Electricity Act, 2003, the relevant provisions of Haryana Electricity Reforms Act, 1999 which are not inconsistent with the Electricity Act, 2003 and rules & regulations made under these Acts."

Very mysterious because the Group Housing Societies under these provisions are licensees who have to take up the mantle of DHBVN inside the premises and must charge the Domestic consumer as per HERC Approved Tariff for Domestic (LT) Category anmd carry out all duties of a licensee etc. 

(In an earlier email to Unitech I have laid out the width and scope of these onerous duties. Mr Mahajan has not chosen to reply to that email yet.)

DHBVN Sales Circular No. D-25/2012 dated 21.08.2012 in supersession of DHBVN Sales Circular No. D-25/2011 dated 09.09.2011 has NOT been issued by DHBVN after obtaining prior approval of HERC as required under law. This can be checked from the website of HERC which is quite transparent.This circular violates HERC Approved Tariff  wef 01.04.2012 which contains 7 notes, none of which permit transfer of any Group Housing Societies from BULK SUPPLY DOMESTIC category to BULK SUPPLY category. HERC has not laid down any ratio let alone 85% - when a complex is 100% residential it is idiotic to say that electricity consumed is industrial/ commercial, unless some legitimate commercial / industrial activity is actually taking place inside the Complex.

HERC has passed severe strictures against  Respondent No. 2 , Managing Director, Dakshin Haryana Bijli Vitran Nigam Shakti Bhawan, Sector 6, Panchkula and Respondent No. 3, Superintending Engineer/Commercial Dakshin Haryana Bijli Vitran Nigam, Hisar in words as follows:

"...Further all tariff related circulars required prior approval of the Commission but the same was not obtained by the respondent.....1.7 That respondents No. 2 to 5 are not supposed to run away from their statutory obligation.... consumers like the petitioner are not supposed to be penalized by charging penal charges..... aforesaid action of the said respondent is arbitrary and illegal..... 1.8 That the respondents have willfully disobeyed the order dated 18.08.2011 passed by Hon’ble Commission and consequently the same are liable to be prosecuted for the non-compliance of the said order. Accordingly, Hon’ble Commission pass necessary order for not only compliance of the said order but also for imposition of penalty against the respondents for the aforesaid illegal act committed by them as envisaged in Section-142 of Electricity Act, 2003..... 

 [HERC Case No. HERC/PRO-02 of 2012 Order dated 14.06.2012]

Hence Unitech may be told that we reiterate our stand on the billing mistakes made by them at their end.

A more serious matter is that Unitech appears to have deliberately not put Uniworld Garden in the category of  

"No Power Cut Feeders" from 66KV Sec-38 - This is because if there is no power cut the 1500 KVA load as against sanction 5000KVA would force the use of generators even when electricity is being supplied. There are 8 Group Housing Societies taking feeder from 66KV Sec-38 the same as us but we at Uniworld garden having less than 3% losses do not figure in the list!!!

In reference to Chief Engineer/Commercial, DHBVN, Hisar Sales Circular No. D-4/2012 dated

10.04.2012 vide which it was conveyed that the honest consumers may be rewarded by giving them

better power supply. As such the following Independent Feeders where AT&C losses are below 3%

and Industrial feeders having AT&C losses below 6% shall be given 24 hours power supply:

Name of feeding Sub Station   Name of Feeder                           % of Losses

SOUTH CITY 66KV Sec-38      IND Govt. Employee Society               0.98

SOUTH CITY 66KV Sec-38      IND Parkview                                      0.96

SOUTH CITY 66KV Sec-38      IND IRWO                                          0.95

SOUTH CITY 66KV Sec-38      IND Nile                                              0.88

SOUTH CITY 66KV Sec-38      IND J.C. Landbase                              0.78

SOUTH CITY 66KV Sec-38      IND Vatika                                          0.69

SOUTH CITY 66KV Sec-38      IND Green Ville                                   0.62

SOUTH CITY 66KV Sec-38      IND Cyber Park Tower A&B              0.12

SOUTH CITY 66KV Sec-38      IND Orchid Petals-II                           0.05

SOUTH CITY 66KV Sec-38      IND Raheja                                         0.00

SOUTH CITY 66KV Sec-38      IND Global Health                             -0.01

SOUTH CITY 66KV Sec-38      IND Cyber Park Tower D&E            -0.15

SOUTH CITY 66KV Sec-38      IND Suncity real Estate                      -0.35

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: mob...@yahoo.co.uk

---

From: Ramamurthy KalyanSundaram <Ramamu...@ireo.in>
To: Sarvadaman Oberoi <mob...@yahoo.co.uk> 
Sent: Thursday, 18 October 2012, 17:08
Subject: FW: Electricity Rates

to give me a draft -reply!

Regards

dr

 

From: Manju Kataria [mailto:admi...@unitechgroup.com] 
Sent: 18 October 2012 15:12
To: Ramamurthy KalyanSundaram
Subject: Electricity Rates

 

Subject: Clarification regarding Electricity Tariff Applicable

Dated: 17/10/2012

Dear Dr. Ramamurthy,

Reference to your mail dated 08/10/2012 and advisory dated 07/10/2012 put up by UGAOA advising the Electricity Tariff to Residents, it is to mention here that it is totally incorrect and mis-guiding, as the rates mentioned there-in, are for LT Supply for an individual house and not to the Group Housing Societies in bulk.

As per DHBVN Sales Circular No. D-25/2012 ( scheduled Tariff applicable for FY 2012-2013) , under category 8 of Bulk Supply ( Domestic ) , it is applicable only when the common area load ( Excluding the loads of lifts , water supply and Fire fighting pumps ) is less than 15% of the sanctioned load failing which , it comes under the category of Bulk Supply. Hence the tariff applicable now is under category of Bulk Supply (the copy of DHBVN Bill shows the same) the details of break up is already given to you and explained.

Secondly, as for the Power Back-Up provided, based on the current Diesel prices the cost of generation for Power Back-Up comes to roughly Rs. 15 per unit and as against same subsidized rate of Rs. 1.24 per unit has been levied by Unitech to the residents. This means rates are subsidized to the extent of Rs. 13.76 per unit, which is causing loss of apprx. Rs. 11 – 12 Lacs per month to Unitech, which is a matter of concern to us and UGAOA has to appreciate and convey the same to the residents accordingly.

Hope the above clarifies your doubts as mentioned in your mail to us. We look forward for your understanding and support, which is very essential for continued smooth services to the Complex.

Regards,

Unitech Management

Haryana Govt Memo No.22/52/2005-5 Power Dated 18.02.2010

From

                        The Financial Commissioner & Principal Secretary

                         To Govt. Haryana, Renewable Energy Department

                         Chandigarh

To

 

             1.       The Managing Director

                        Uttar Haryana Bijli Vitran Nigam Limited (UHBVN)

                        Panchkula

 

             2.      The Managing Director

                       Dakshin Haryana Bijli Vitran Nigam Limited (DHBVN)

                       Vidyut Nagar, Hisar

 

                     Memo No.22/52/2005-5 Power                Dated 18.02.2010

 

Subject:       PROMOTION OF SOLAR WATER HEATING SYSTEMS IN DOMESTIC SECTOR BY PROVIDING REBATE ON   ELECTRICITY BILLS TO THE USERS OF SOLAR WATER HEATERS: EXTENSION OF REBATE TO GROUP   HOUSING SOCIETIES.

 

                         Please refer to Haryana Govt. Memo No. DRE/2006/2796-2817 dated 4.1.2007 vide which Haryana Govt. decision on providing rebate on electricity bills to the users of solar water heaters in domestic sector was conveyed.  Subsequently, Uttar Haryana Bijli Vitran Nigam had issued sales circular no. U-8/2007 dated 1.2.2007 and the DHBVN had issued sales circular no. D-7/2007 dated 9.2.2007 in the matter.

 

                         Recently, apartment culture has developed in the State and a considerable population in urban areas is now shifting to multistoried apartments/group housing societies.  After considering the needs of the residents in the group housing societies, the State Govt. has decided to extend the rebate on electricity bills, presently available to individual households to the Groups Housing Societies as well. In this mater, approval of the Haryana Electricity Regulatory Commission (HERC) has also been obtained vide their Memo No. 3159/HERC/T-87-V-III  dated 6.1.2010 (copy enclosed). The rebate to the Group Housing Societies will be provided as per following guidelines:-

 

 

1. In case, individual systems are installed in the Group Housing Societies, rebate in electricity bills may also be admissible @ Rs.100/- per month for 100 liters system, @ Rs. 200/- per month for 200 litre  system &  @ Rs. 300/- per month for system of 300  liters and above capacity for a period of three years by UHBVN/DHBVN.

2. In cases, where it is not possible to install individual systems & therefore combined systems are installed, the capacity of the system per flat may be calculated on pro-rata basis and the above incentives shall be admissible only if per flat 100 lpd or above capacity is installed in accordance with HAREDA guidelines issued vide Memo No.DRE/HAREDA/2009/4341-64 dated 22. 10.2009(copy enclosed).

3. In such cases, the managing committee of the Group Housing Society will pass a resolution for installation of solar water heating systems and apply for the incentive to the Director-HAREDA with a copy to the Addl. Deputy Commissioner-cum-Chief Project Officer office along with a list of the members, their identity proofs and invoice for the proposed system. The society will have the liberty to install the solar water heating systems either from the firms on the HAREDA rate contract or from the supplier of their own choice provided it is BIS /MNRE/GOI approved.

4. After issuance of the installation/commissioning report as per guidelines contained in the  HAREDA Memo No. DRE/HAREDA/2009/4341-64 dated 22.10.09, the Group Housing Society will apply for rebate in electricity bill to the Additional Deputy Commissioner-cum-Chief Project Officer office alongwith members list and their electricity connection number and per flat capacity installed worked out on prorata basis. Thereafter, the ADC-cum-CPO will forward the application to the power utilities for grant of rebate under intimation to the Director, HAREDA.  

 

           

        You are, therefore, requested to issue necessary order/instruction to operation circles under your control to provide the above said rebate to the consumers in the electricity bills. A copy of the action taken in this regard may also be sent to this office for onward appraisal to the State Govt. 

 

                                                                                                Sd/-

                                                                            Under Secretary(RE)

                                   for Financial Commissioner & Principal Secretary

                        to Govt. Haryana, Renewable Energy Deptt. Chandigarh

 

Encl: As stated above

 

 

CC:  All the Additional Deputy Commissioner-cum-Chief Project Officers in the State of Haryana ………… for information & immediate necessary action.

Date: Tue, 16 Oct 2012 13:03:00 +0530
Subject: RWA-Forum HERC meeting at Gurgaon 9 Oct, 12
From: ganga...@gmail.com
To: he...@chd.nic.in; secreta...@nic.in; mddh...@gmail.com; se.gu...@gmail.com
CC: gurgaon-...@googlegroups.com; gurgaon.citi...@gmail.com; aditya....@gmail.com; ashish...@yahoo.com; bb_s...@rediffmail.com; hksal...@gmail.com; mano...@gmail.com; saprani...@gmail.com; raaj...@rediffmail.com; kundra...@yahoo.com; rajes...@gmail.com; rajeshj...@rediffmail.com; roopes...@gmail.com; smali...@yahoo.com; hkam...@hotmail.com; nawalgu...@gmail.com; povi...@hotmail.com

H'ble Chairman HERC,

 

Sir, I am a LT consumer in a Group Housing Colony named Parsvnath Green Ville, Sohna Road, Gurgaon. I have attended the subject meeting representing the  RWA. The RWA is a single point 11 KV bulk DS consumer distributing LT supply to apartment owners and has its own captive generating plant as DG power back up.

 

I have made submissions on two ponts of agenda discussed during the meeting namely 1. Operationalisation of Open Access in Power Sector and 2. Non-completion of Electricity Infra-structure inside the Colonies.

 

I am writing this mail to put my views expressed during the meeting on record for your kind consideration while framing the policies on these points as follows.

 

1. Operationalisation of Open Access:-

 

I have expressed the following views on this point-

 

(a) It is mandatory for SERCs to provide open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt under 5th proisio u/s 42(2) of the Electricity Act, 2003.

 

(b) It is also mandatory, u/s 43(1) of EA, 2003, that every distribution licensee shall, on application by the owner or occupier of any premises, give supply of electricity to such premises, within one month or within such period as may be specified by the Appropriate Commission after completion of any extension of distribution mains or commissioning of new su-stations, if required for giving such supply.

 

(c) The view of Ministry of Power, Govt of India, cited as basis of this agenda point, that the Electricity Consumers with demand of 1 MW and above are statutorily (Electricity Act, 2003) required to draw power/seek supply from sources other than Distribution Licensees of the area, is contradictory to provisions of Act brought out above.  Therefore, the inferrence drawn in the agenda point that, in case, such consumers continue to draw power from the DISCOMS, the rates must be negotiated between the two parties and further, in such cases, the DISCOMS will not have the obligation to supply, is totally opposite the provisions of law.

 

(d) It is the mandatory duty of SERCs to determine all types of tariffs (namely genco's supply, transmission, wheeling, retail sale) for a Distribution Licensee u/s 62 & 64 of EA, 2003. There is no provision in the law to negotiate rates between DISCOMS and any Consumer as contended in the agenda point. The determination of tariff between DISCOMS and any Consumer, having any demand of load even exceedig 1 MW, is purely a matter to be decided by SERCs. If any such policy is made/accepted by H'ble HERC, it will be unlawful and can be contested by the affected Consumers.

 

(e) It was mentioned by H'ble Chairman HERC that such views from Central Govt have not been accepted by the Commission. However, similar directions coming from State Govt may be accepted or may not be accepted by the Commission. 

 

I expressed the view that, in case H'ble HERC accepts such directions from State Govt, RWAs and other Consumers whose Demand exceeds 1 MW only because of their grouping them into a single point Consumer by grant of single point tariff for a large number of small consumers by the HERC, should be kept out of purview of any such policy.

 

The residents in Group Housing Colonies, despite having single point demand exceeding 1 MW, still remain small domestic consumers. Therefore, they need to be considered as Domestic Consumers only and the DISCOSMs must continue to have obligation to supply electricity to Group Housing Colonies even if their single point demand exceeds 1 MW.

 

2. Non-completion of Electricity Infra-structure inside the Group Housing Colonies:-

 

Many RWAs expressed that builders are not completing the Electricity Infra-structure schemes approved by DTCP even after many years from the issue of Occupancy/part completion certificates. The Chairman, being ex-Chief Administrator, HUDA very kindly expressed that though, the subject relates to Town Contry Planning Deptt, he would hold a meeting with TCP Deptt and DHBVNL in Chandigarh.

 

I suggest the following actions by Authorities to prevent recurrence of this situation in future as well as to remedy the situations already ocurred:-

 

(a) Actions by DTCP-

 

(i) The copies of approved schemes including DG power back up scheme and ventillation scheme should be given to DHBVN  for supervision of internal Infra-structure and ensuring Completion by taking full supervision charges for the full scheme  from the builder and  also to inspecting Authorities (Electrical Inspector and Regional Officer HSPCB) for issue of Inspection Reports for full Infra-structure approved by DTCP.

 

It may be noted that the complete scope of scheme is outside the competence of supervision by the buyers of apartments. The supervision of internal Developments of full Infra-structure inside the colony, therefore, must be ensured by DHBVNL, as State Govt Utility.

 

(ii) The occupancy/part completion certificate should be issued to Coloniser only after receipt of Completion Report for full Infra-structure (including back up power scheme and ventillation scheme etc.) from the DHBVN.

 

The issue of occupancy certificate without verifying completion of interna Development of electricity Infrastructure within the Colony is the root cause all problems faced by the residents/occupants thereafter.

 

(iii) A copy of approved Electricity Infra-stricture inside the boundary of Group Housing Colonies should be proactively given to RWAs without any RTI application so that they can persue the matter with the builder and the concerned supervising/inspecting Authorities.

 

(iv) Till the internal Development work along with all Common Area Facilities as approved are completed, the responsibility and administration of billing for Electricity to residents and the builder should be transferred to RWAs as and when formed by the apartment owners.

 

(b) Actions by DHBVNL-

 

(i) The A & A application should be taken from the builder for the full Infra-structure scheme. No application should be accepted in the name of any RWA as RWAs can be formed only after occupation of apartments after issue of ocupancy/part completion certificate by the scheme approving Authority i.e. DTCP.

 

The A&A applications in the name of RWAs even before completion of approved infra-structure inside the Group Housing Colony is an unlawful manupulation by builders.

 

(ii) The builder should be asked to transfer the connection in the name of RWA only when complete internal Development inside the Colony, as approved by DTCP, is completed.

 

(iii) In cases where the builder has already taken connection in the name of RWAs and has not completed the infra-structure scheme, even not matching the connected load verified by DHBVN before release of demand, the DHBVN should report the matter to approving Authority i.e. DTCP for necessary action to get the approvrd scheme completed.

 

(c)Actions by HERC-

 

(i) Where the builders have not completed the Electricity Infra-structure as approved by DTCP but the electricity connection is taken by the builder in the name of RWA and Non-Domestic tariff is applied, a separate tariff equal to difference of Non-Domestic and Domestic tariffs should be specified by the HERC chargeable to builders due to their continued industrial activities in the Group Housing Colony.

 

(ii) Where the electricity Connection is in the name of builder and Non-Domestic tariff is applied, a separate Domestic tariff as granted for Group Housing Colonies should be specified by the HERC chargeable to the flat-owners/occupants till the full Infra-structure approved by DTCP is completed and handed over to RWA by the builder.

 

(iii) If the HERC require any application for specifying above already decided tariffs, the RWAs may move a joint petition before Hble HERC for this purpose. The copy of this mail being endorsed to most RWAs to decide a single petition on behalf of all RWAs.

 

Request for sympathetic consideration of all above submissions/suggestions.

 

Thanks and Regards all

 

Ganga Sahai, CE (retd) IDSE

T8-501, Parsvnath Green Ville,

Sector 48, Sohna Road,

Gurgaon-122018

[Ganga Sahai]

Dear Sh Oberoi,

 

I wish to humbly submit that I am simply a domestic consumer residing in a Group Housing Colony like you and not any Authority or any Investigation Agency. Your addressing the mail to me is not understood. However, I am clarifying my views on the points raised in your email to the best of my knowledge and ability as follows.

The H'ble HERC have decided the tariff for Group Housing Colonies as Bulk Domestic well within their competence and provisions of law. They are a judicial Authority created under the statutory provisions of Electricity Act, 2003. No complaint against them can lie before any other Authority. You can only appeal against their orders if you so feel necessory.

 

The RWAs do have the responsibility to manage the elecricity distribution and billing within the Group Housing Colonies under provisions of HAO Act, 1983 as a Consumer taking single point supply on behalf of whole cluster/group of Domestic Consumers residing within the Colony. But they do not have the competence of being a Distribution Licensee. So your complaint goes against your own RWA for non-performance as a Distribution Licensee. You may not like to answer your own complaint as a member/office-bearer of your RWA.

 

Imho, the solution lies to re-organise your RWAs for the job by appointing expert committees or employing competent service providers to manage your electricity distribution/billing as per concessional domestic tariff approved by H'ble HERC and get rid of the unsrupulous builders who are charging higher rates. Nothing, prevents you from claiming back the extra amounts charged by the builders once you start managing your own affairs as RWA/Single Point Bulk Domestic Consumer. Imho, you cannot fight against a builder while you remain dependent on him to manage your electricity distribution/billing at the same time. They have chances to fleece/blackmail you in this situation.

 

My suggestion to all the RWAs is to re-organise as genuine RWAs by availing the oppotunity given by Govt (or a God sent) by reforming your byelaws suitably to meet the requirements of electricity billing/management within the Colony and to rake up issues/complaints against the unscrupulous builders only thereafter.

 

Imho, we should not approach courts/Govt Authorities and sending copies to RWAs for discussion at the same time.

 

Thanking you and regards all

Ganga Sahai

 

 

---------- Forwarded message ----------
From: Sarvadaman Oberoi <mob...@yahoo.co.uk>
Date: Sat, Oct 27, 2012 at 1:09 PM
Subject: REQUEST FOR INVESTIGATION BY CCI, CERC AND HERC: Adherence to Competition Act 2002 and HERC/ HAREDA Regulations issued under Electricity Act, 2003/ National Electricity Policy 2005/ Energy Conservation Act, 2001
To: Ganga Sahai <ganga...@gmail.com>, "ramamu...@ireo.in" <ramamu...@ireo.in>, "\"herc...@nic.in\"" <herc...@nic.in>, "\"se.gu...@gmail.com\"" <se.gu...@gmail.com>, "secreta...@nic.in" <secreta...@nic.in>, "cci-ak...@nic.in" <cci-ak...@nic.in>
Cc: PGF <gurgaon-...@googlegroups.com>, Gurgaon Citizens' Council <gurgaon.citi...@gmail.com>, aditya kumar <aditya....@gmail.com>, Ashish Kumar Verma <ashish...@yahoo.com>, Bharat Bhushan Sharma <bb_s...@rediffmail.com>, Hk Saluja <hksal...@gmail.com>, Manoj Kumar <mano...@gmail.com>, Nishant Sapra <saprani...@gmail.com>, Raj Kumar <raaj...@rediffmail.com>, Rajeev Kundra <kundra...@yahoo.com>, Rajesh Dewan <rajes...@gmail.com>, Rajesh Jaiswal <rajeshj...@rediffmail.com>, Roopesh Goyal <roopes...@gmail.com>, Sushil Malik <smali...@yahoo.com>, H K Saluja <hkam...@hotmail.com>, Nawal Gupta <nawalgu...@gmail.com>, Sushil Kumar Sharma <povi...@hotmail.com>, Pankaj Mohindroo ICA <pan...@ica-ind.org>, Shephalika Sharma <shephali...@gmail.com>, Gautam Gulati <gautam...@gmail.com>, Vinay Mitra <vinay.m...@gmail.com>, Nitin Grover <nitin.ra...@gmail.com>, Subhash Talwar <talw...@gmail.com>, "amitja...@yahoo.com" <amitja...@yahoo.com>

To, 

1. The Secretary Haryana Electricity Regulatory Commission

2. The Director General, Competition Commission of India

3. The Secretary Central Electricity Regulatory Commission

4. SE, DHBVN, Gurgaon

5. Sh. Ganga Sahai

REQUEST FOR INVESTIGATION BY CCI, CERC AND HERC

(Adherence to Competition Act 2002 and HERC/ HAREDA Regulations issued under Electricity Act, 2003/ National Electricity Policy 2005/ Energy Conservation Act, 2001)

Dear sirs, 

Haryana Electricity Regulatory Commission Memo No. 3159/HERC/T-87-V-III dated 06.01.2010 on Guidelines for Group Housing Societies read with Haryana Electricity Regulatory Commission Approved Tariff 2012 for Category of consumers "Sr. No. 12. Bulk Supply Domestic (70 kW and above at 11 kV or above voltage)" and Haryana Government Memo no. DRE/HAREDA/2009/4341-64 dated 22.10.2009 make it very clear that Group Housing Societies are to be treated as bulk consumers (Domestic)and the apartments can therefore be treated only as individual domestic consumers. 

Even if, Group Housing Societies have not been notified under Electricity Act, 2003 as a licensee, the individual domestic consumers have every right to be treated as individual domestic consumers under DHBVN Code of practice for payment of bills and Procedure for disconnecting consumers for non-payment so as to remain within the confines of Para 5.13 PROTECTION OF CONSUMER INTERESTS AND QUALITY STANDARDS of National Electricity Policy 2005 issued vide Gazette of India No. 23/40/2004-R&R (Vol.II) dated the 12th, February, 2005 in pursuance of Section 3 of Electricity Act, 2003. 

Also see National Electricity Policy 2005 para 5.4.12 "SCADA and data management systems .. A time bound programme for implementation of SCADA and data management system should be .. approved by the SERCs .."

SCADA system is yet to be installed even as 7 years have elapsed.

Therefore, on a correct interpretation of all the law and all the instructions issued by the State of Haryana and HERC it is very clear that builders (as trustees of Apartment Owners Associations)/ Apartment Owners Associations themselves are franchisees/ licensees (or at the least de-facto franchisees/ licensees ) of DHBVN/ HERC.

That this is the correct position in law is further clarified by a reading of Competition in India's Energy Sector TERI February 2007 (prepared with the active support of  FIAS (IFC/The World Bank), DFID (UK) and Competition Commission of India):

Section 60 of the Electricty Act, 2003 read with Annexure 6.1: Role of CCI in India’s Electricity Sector (copy attached):

"para (i) ..Competition Act, 2002, Section 4(2) (c) 'Network access and interconnection', 

para (ii) ..Competition Act, 2002, Section 4(2) (c) 'Monopoly pricing', 

para (iii) ..Competition Act, 2002, Section 3 (4) 'Anti-competitive agreements', 

para (iv) ..Competition Act, 2002, Section 5 'Merger control'.."

 

In case HERC shows hesitation in implementing SCADA and/or  OPEN ACCESS and/or charging as BULK DOMESTIC (not BULK COMMERCIAL) to Group Housing Societies thereby diluting Para 5.13 PROTECTION OF CONSUMER INTERESTS AND QUALITY STANDARDS of National Electricity Policy 2005 it should be deemed that this constitutes violations of Sections 3 (4),  4(2) and 5 of the Competition Act, 2002 affecting lakhs of consumers across Haryana warranting suo moto action by the Competition Commission of India.

May I therefore request for initial investigation by CCI  (with assistance of CERC and HERC) into alleged/ perceived case of anti-competitive stance of Government of Haryana and its agencies in defeating the competitive provisions mandated vide Section 60 of Electricity Act, 2003 and vide Sections 3 to 5 of Competition Act, 2002.

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/

Treasurer Mission Gurgaon Development

Secretary Uniworld Garden Apartment Owners Association

Principal Secretary Federation of Apartment Owners Association

email: mob...@yahoo.co.uk

---

From: Ganga Sahai <ganga...@gmail.com>
To: Sarvadaman Oberoi <mob...@yahoo.co.uk>
Cc: PGF <gurgaon-...@googlegroups.com>; Gurgaon Citizens' Council <gurgaon.citi...@gmail.com>; aditya kumar <aditya....@gmail.com>; Ashish Kumar Verma <ashish...@yahoo.com>; Bharat Bhushan Sharma <bb_s...@rediffmail.com>; Hk Saluja <hksal...@gmail.com>; Manoj Kumar <mano...@gmail.com>; Nishant Sapra <saprani...@gmail.com>; Raj Kumar <raaj...@rediffmail.com>; Rajeev Kundra <kundra...@yahoo.com>; Rajesh Dewan <rajes...@gmail.com>; Rajesh Jaiswal <rajeshj...@rediffmail.com>; Roopesh Goyal <roopes...@gmail.com>; Sushil Malik <smali...@yahoo.com>; H K Saluja <hkam...@hotmail.com>; Nawal Gupta <nawalgu...@gmail.com>; Sushil Kumar Sharma <povi...@hotmail.com>
Sent: Thursday, 25 October 2012, 16:57
Subject: Re: Fw: Adherence to HERC/ HAREDA Regulations issued under Electricity Act, 2003/ Energy Conservation Act, 2001

[abhey poonia]

Respected Sahai, Good-Morning! No-doubt you'v vast knowledge on the subject and your suggestions are absolutely right. We ,GCC, wants to discus upon the present situation of electrical system in gurgoan as how we can help the resident . Thanks & Regards! Abhey Poonia.  --- On Sat, 27/10/12, Ganga Sahai <ganga...@gmail.com> wrote:

--

[Ganga Sahai]

Dear Sh Oberoi

 

I am aware of the provisions under sections 6 and 24 of HAO Act, 1983 of which extracts have been appended to your mail. I beg to differ on the inferrences drawn by you. I would like to further clarify my views as follows.

 

The word RWA is commonly used for validly constituted Association of Apartment Owners. Any mention of this word in my mails may be taken as AAO (Association of Apartment Owners) only. 

 

I agree that AAO has full powers to conclude agreements, decisions and determinations on behalf of all apartment owners. But the availability of powers does not make the AAO competent to become a licensee which requires approvals from SERCs under section 14 of EA 2003, or to become a frenchisee of DISCOMs which requires firstly authorisation from the licensee under section 2(27) and secondly exemption from obtaining a licence from SERC under section 13 of EA 2003. I believe that no AAO has taken licence/exemtion from SERCs and, therefore, none of them can claim the benefits/responsibilities of a licensee or a frenchisee by making a complaint to CCI or HERC. To become competent, the AAO need to have expertise to manage distribution/maintenance of electricity in the Colony to the satisfaction of SERC which generally is not available within the AAOs.

 

As regards the complaint of charging higher tariff by builders than that approved by HERC, it depends on the status of builder as licensee or franchisee. A licensee/franchisee has to charge tariff approved by HERC as applicable to LT Domestic Consumers which is higher than the HT Bulk Domestic tariff approved for Group Housing Colonies. If the builder does not have a licensee/franchisee status under EA 2003, which to best of my knowledge they dont have, they are usurping the rights of AAO unlawfully. For this the AAO have to take over management of billing in their own hands after valid registration as AAO under HAO Act, 1983. If the builder does not transfer the responsibility to AAO, a complaint lies with DTCP, the Competent Authority defined under HAO Act, and not with CCI or with HERC as made by you.

 

As regards the complaint of not providing solar power etc required under Electricity Conservation Act, 2001, it will depend upon the scope of work/services contained in Flat Buyers' Agreement and/or scope of Electricity Infra-structure approved by DTCP. If the apartment owners have paid price to builders for such provisions, the complaint lies with DTCP first and with CCI thereafter. The AAOs can check the scope of work services in the Flat Buyer Agreement themselves or obtain copy of approved scheme from DTCP for making such complaints. There appears no need of making a complaint for investigation imho. My view expressed in Consumer Forum as reflected in my mail to HERC are based on provisions of EA 2003 and HAO Act, 1983.

 

My suggestion to all RWAs to get them registered as genuine AAOs under Haryana Registration and Regulation of Societies Act, 2012, was made based on my above perceptions. I would request the learned members of existing validly registered AAOs to guide the other RWAs in this process of obtaining new registration no. from the Registrar.

 

Finally, I would like to submit that I am only a technologist and have no qualification/expertise at law. Every RWA, therefore, should examine validity of my views with Advocates/experienced persons and take their own decisions accordingly. However, I shall be willing to discuss personally any issue with esteemed Advocates of my colony or any person from other Colonies if so desired by anybody. 

 

Thanks and regards all

Ganga Sahai 

 

 

 

 

 

   

On Sat, Oct 27, 2012 at 8:29 PM, Sarvadaman Oberoi <manio...@gmail.com> wrote:

Dear Mr Ganga Sahai, 

            The mail was addressed to you for information since you had taken up the matter with HERC on 09.10.2012 and in your subsequent email.

            The Haryana Apartment Ownership Act, 1983 provides full powers to a validly constituted Apartment Owners Association (not an RWA) to conclude "agreements, decisions and determinations" on behalf of all the apartment owners with DHBVN and other service providers and the Act also provides it the power to enforce the same since all such agreements are "deemed to be binding on all apartment owners."

         Therefore it can never be said that a validly constituted Apartment Owners Association (not an RWA) does not have the competence to be franchisee/ licensee qua DHBVN/ HERC respectively.

        The sub-station (11 KVA feeder) and generator/ transformer facility is very much part of the "Common Areas and Facilities" for which entire responsibility lies with the Apartment Owners Association (not an RWA).

       Moreover the Supreme Court has held, and it is well settled law that the builder when acting for the Apartment Owners Association, before 'Final Completion'acts as trustee of the Apartment Owners Association. Hence to say that the builder can not step into the shoes of the Apartment Owners Association and run the electricity franchise/ license is incorrect. Of course, builder while carrying out the said function, must always remember the onerous duties and responsibilities of a trustee to ensure that it does not cause harm to the beneficiary of the trust - the Apartment Owners Association and its owner/ members.

        Secondly there is no case made out by me at all against HERC - it is DHBVN that appears to be anti-competitive and appears to be flouting the HERC Approved Tariff/ Electricity Act 2003/ National Electricity Policy 2005 (gazetted under Section 3 of Electricity Act 2003) and hence law.

         This appears to be a matter for CCI, CERC and HERC to jointly investigate if considered necessary, at this stage

         It is for them to take the call on this request.

         I hope that answers your query.

Regards.

Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/

email: manio...@gmail.com

Treasurer Mission Gurgaon Development

Secretary Uniworld Garden Apartment Owners Association

Principal Secretary Federation of Apartment Owners Association

Jaago Re "Aaj Se Khilana Bandh, Pilana Shuru" 

Extracts from The Haryana Apartment Ownership Act, 1983:

6. Common areas and facilities.-

xxx

(6) The association of apartment owners shall have the irrevocable right,  to be exercised by the Manager or Board of Managers thereof, to have access to each apartment from time to time during reasonable hours as may be necessary for the  maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs  therein necessary to prevent damage to the common areas and facilities or to another apartment  or apartments.

xxx

24. Act to be binding on apartment owners, tenants etc. –(1) All apartment owners, tenants of such owners, employees of owners and tenants or any other person who may in any manner use property or any part thereof, shall be subject to the provisions of this Act and to the declaration and the bye-laws of the association of apartment owners adopted pursuant to the provisions of this Act.

  (2) all agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established under this Act, declaration or bye-laws shall be  deemed to be binding on all apartment owners.

[Lokesh Suji]

Pls can some one enlighten us on the diff between rwa and aao.

rgds

Lokesh Suji

--
 
 

[Vikas Gupta]

Lokesh,

 

AAO are different Associations that we all have formed having registered them under The Society Act. Such Associations act as platforms to be used for representation to the Builder or the Courts for fighting legal cases etc.

 

After the Deed of Declaration is filed by the Builder, under the Haryana Apartment Ownership Act, an RWA is formed which is the legal body to run the affairs of the community. After the RWA is formed, AAOs serve minimal purpose not more than continuing the legal cases etc.

 

AAO leads to RWA over a period of time and is desirable.

 

Vikas

Vatika City 

--
 
 

[Raman Sharma]

Dear Friends 

The formation of AAO is mandatory and if any builder / developer refuse to provide information / handover the maintenance kindly lodge a complaint to with the Office of the Town and Country Planning Department and the action would be seen with in seven working days .This issue is confirmed by the Sh. T.C Gupta , Director General Town & Country Planning Department , Haryana . Sh.R.K Singh , Sr. Town Planner , Gurgaon has assured that on complaint the strict action would be taken against violators on Complaints .

With Regards

Raman Sharma 

--
 
 

[SE GURGAON]

Dear Raman ji, 

would you mail your contact no.

regards,

(Sanjeev Chopra)

SE/DHBVN,

Gurgaon

--
 
 

--
Regards
Sanjeev Chopra
S.E. 'OP' Circle
DHBVN Gurgaon
+91-954-0954-930