Electricity Complaint Commissioner

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Regd. Post. Ack.

Deed

To, Date: 12th December 2019

1. The Commissioner of Pune Police

2, Sadhu Vaswani Chowk,

Camp, Pune – 01

2. The Chairman & Managing Director,

Maharashtra State Electricity Distribution Co. Ltd.

Praksahgad, Plot No. G – 9, Anant kanekar Marg,

Bandra (E), Mumbai – 400051

3. The Principal Secretary (Energy),

Industries, Energy & Labour Department

3rd Floor, Main Building, Mantralaya,

Madam Cama Road, Hutatma Rajguru Square,

Nariman Point, Mumbai – 400032

4. The Chief Engineer,

Maharashtra State Electricity Transmission Co. Ltd.

EHV Project cum O&M Zone, Pune.

Administrative Building, III Floor,

Block No. 402, Rasta Peth, Pune – 411011

5. The Executive Engineer,

Maharashtra State Electricity Distribution Co. Ltd.

Kharalwadi Sub – Division, Next to Nav Maharashtra School,

Near P.M.P.M.L Bus Stop, Bijli Chowk, Pune,

Pimpri – 411017

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Subject; Complaint application for stringent and severe criminal

prosecution against the below mentioned person (s).

1. The Chairman (Sonal Co – Op. Housing Society)

2. The Secretary (Sonal Co – Op. Housing Society)

3. The Treasurer (Sonal Co – Op. Housing Society)

4. The Executive/Working Committee Members (Sonal Co – Op.

Housing Society)

Office Address of Person No.1 to 4 at Sonal Ajmera Housing

Complex Co – Op. Housing Society, Q Sector, Ajmera Complex, Near

S.S. Ajmera School, Pimpri, Pune – 411018.

5. Mr. Kharat M.P (ALM)

Kharalwadi Section Office (Pimpri Division)

6. Mr. P.S. Bhalerao (Tech)

Kharalwadi Section Office (Pimpri Division)

7. Mr. D.N. Sawarkar (Tech)

Kharalwadi Section Office (Pimpri Division)

Office Address of Person No. 5, 6 & 7 (Govt. Servants) at

Maharashtra State Electricity Distribution Co. Ltd. Kharalwadi Sub –

Division, Next to Nav Maharashtra School, Near P.M.P.M.L Bus Stop,

Bijli Chowk, Pune, Pimpri – 411017

Dear Sir/Madam,

I, Mrs. Sanober Khan, W/O Mr. Nadeem Khan, Temp Residing at;

QA3/2/301, Ajmera Housing Society, Near S.S Ajmera School, Pimpri,

Pune – 411018, Maharashtra, India & (Mobile No. – 9503339977) would

state the following facts as under;

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I.I most humbly state that, I am currently residing at the above mentioned

address along with my other family members. That I am currently staying

with my parents at the above mentioned address and my matrimonial

place is situated in the nearby locality of Sant Tukaram Nagar Pimpri. That

the Addressee No.1 being the Commissioner of Pune Police, Addressee No.

2 being the Chairman and Managing Director of Maharashtra State

Electricity Distribution Co. Ltd., Addressee No.3 being the Principal

Secretary (Energy) of Industries, Energy & Labour Department, Addressee

No. 4 being the Chief Engineer, Maharashtra State Electricity Transmission

Co. Ltd & Addressee No. 5 being the Executive Engineer, Maharashtra

State Electricity Distribution Co. Ltd.

(Herein after referred as the said “Addressee No.1, 2, 3, 4 & 5” accordingly for
the sake of brevity)
II.I humbly state that Person No.1, 2, 3 & 4 are Chairman, Secretary,

Treasurer and Executive Committee Members of Sonal Co – Operative

Housing Society which is registered under Sec. 9 (1) of The Maharashtra

Co – Operative Societies Act, 1960 vide. Regd. No.

PNA/HLI/HSG/TC/1085/87/88/1991 on 29th Day of October 1987.

III.I further state that Person No. 5, 6 & 7 are government/public servants

working as ALM and Tech at Kharalwadi Section Office, Pimpri Division

under the supervision of Addressee No. 4 & 5 (MSEDCL).

(Herein after referred as the said “Person No.1, 2, 3, 4, 5, 6 & 7” accordingly for
the sake of brevity)
IV.I state that during the last 6 months approximately there were immense

electrical works carried on and in the society of Person No.1 to 4 and that

the said electrical works included shifting, transfer of electric

meters/electric plant as per defined Sec. 2 (22) of The Electricity Act, 2003

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and other various apparatus along with shredding/cutting of main power

electric supply lines, main supply lines, service lines, high voltage lines,

overhead lines, etc. defined under Sec. 2 of The Electricity Act, 2003 etc.

That the said electricity supplied by the Addressee No.4 being

Transmission Company and Addressee No.5 being Pimpri Division Office of

MSEDCL.

V.That Person No. 1 to 4 had engaged a private contractor in respect of the

said electrical works and that a tender was released to that said effect as

well. Besides that statement of accounts in respect of electrical works was

also prepared to be debited on the revenue of the society. That Person

No.1 to 4 completed the electrical works and shifting of meters along with

other electrical apparatus which is the property of M.S.E.D.C.L.

VI.I state that, whenever I used to visit my parents home and stay there,

there use to be large scale electrical works across the entire sector in

every building which comprises more than 8 – 10 buildings approx.

Interestingly as per the provisions of The Electricity Act, The Works of

Licensees Rules, 2006, The Maharashtra Electricity Regulatory Commission

(SOP) Regulations, MSEDCL Electricity Supply Code and Other Conditions

of Supply, etc. which is not an unknown or hidden facts that any changes,

amendments or shifting of electric meters should be carried out by making

an application to that effect in the concerned section offices and the said

work will be carried by the Licensee or except by the employee and /or

representative of the MSEDCL as per the provisions enshrined in the above

mentioned statutes.

VII.That it was of utmost important to safe guard the interests of the public at

large residing at the above mentioned society of Person No.1 to 4 as it can

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affect the safety of life and limb at public at large and due to which the

Complainant sought necessary to file an Application under the provisions

of Right to Information Act, 2003 in respect of the permissions acquired by

Person No. 1 to 4. Hence, I filed an application under Sec. 6 (1) of The

Right to Information Act, 2005 dated 03rd September 2019 which was

addressed to the Public Information Officer, Maharashtra State Electricity

Distribution Company Ltd, Kharalwadi Sub – Division, Next to Nav

Maharashtra College, Pimpri Gaon, Pimpri, Pune – 411017. The said

application was duly inward and also given a reference no. 88/11.09.19.

That the application was disposed as per the provisions of Right to

Information Act, 2005 on 18th October 2019 vide Add

Executive/KHD/Tech/122 and अअअ. अअअ/अअअअअअअअ अअअ/अअअ. That

would suffice for the purpose to extract and reproduce the answers for the

said application disposed by the concerned public authority. That the

important information asked by me and the answer by the Public Authority

is reproduced excluding the unnecessary parts.

1, 2…….

3. The Application filed by Sonal Ajmera Housing Complex Co – Op Housing

Society (Regd.No.PNA/HLI/HSG/TC/1085/87/88/1991) viz. (Person No.1 to 4)

seeking permissions for handling and altering the electronic meters and the

inputs outputs situated at “Q” Sector, Pimpri, Pune – 411018

Answer; - Information not found at office.

4. The Permissions obtained under the Electricity Act, 2003 for handling the

electric meter of your department and altering indicator, apparatus and

handling electric wires.

Answer; - Information is attached herewith (Page No.1 & 27 of EA 2003).

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5. In absence of permissions the list of members of the above mentioned

society and the contractor handling the said contract against whom the

offences filed in pursuant of offences and penalties cited in Part XIV Offences

and Penalties of The Electricity Act, 2003.

Answer; - Information is attached herewith (Page No.101 & 102 of EA

2003).

6, 7, 8, 9…...

VIII.That after receiving the information it was crystal clear that Person No.1 to

4 has failed to comply with the provisions of the rules, regulations and

acts/statutes laid down by the legislative, statutory, executive and

administrative bodies. Besides that no application in view of seeking

permission was filed by the Person No. 1 to 4 in respect of electrical works

to be done by the authorized person from MSEDCL. That the Person No.1

to 4 has arbitrarily and according to the whim and fancies and irrational

approach have portrayed the disregard towards the statutes in respect of

the Electricity Laws and other state laws pertaining and connected to the

subject matter.

IX.That after receiving the said information Person No.1 to 4 specially Person

No.1 viz. Chairman, Person No. 2 viz. Secretary and Person No.3 viz.

Treasurer issued a resolution no. 3 of the minutes of the AGM held on 04th

August 2019, Income & Expenditure Statement for quarter ending from

01st July 2019 to 30th September 2019 was displayed on Notice Board vide

dated 24th October 2019 and the said notice was issued by the sign and

seal of Person No.1 viz. Chairman, Person No. 2 viz. Secretary and Person

No.3 viz. Treasurer.

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X.That the said Income and Expenditure had an entry in the Expenditure

Column at No. 21 in respect of the Electric Meter Box & Staircase Wiring.

That the said expenses were presumably the last payment to the alleged

private contractor in view of the completion of works. That the said

Income & Expenditure has been has been issued under Sign and Seal of

the Person No.1, 2 & 3 under the seal of the Sonal Ajmera Housing

Complex Co – Op Housing Society.

XI.That after the said completion of electrical works due to the said works

completed through unprofessional persons/contractors, there was constant

issues in respect of proper and uninterrupted supply of electricity. That

after a couple of days during weekends, I visited my parental home and

while entering the staircase, I sensed the burning wire odor and was

shocked to see the electrical meter/plant on fire. That in emergency I

alarmed the bearers of society viz. Person No.1, 2, 3 & 4 along with other

members. That as it being a Sunday no one came to help and the

electrical works were completely dozed in fire. That this incident occurred

on 10th November 2019 and as there was a possibility of catching the

entire premises/building on fire, I made frantic calls to the electricity

department viz. Addressee No. 5 due to the fire engulfing the entire

electrical meter boxes. In the same time Person No.1, 2 & 3 appeared on

the spot due to the commotion as the electricity supply was broken up in

the entire premises/building due to the fire.

XII.The Person No.2 unexpectedly started handling the electric lines, electric

meter, fuse instruments, apparatus, high voltage line, etc. which can only

be handled by the licensee or except by the employee and /or

representative of the MSEDCL. I further state that due to the risk of life

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and limb of the person handling the live electric wires and does not

possess any authority or professional/technical skills of whatsoever to

handle the said electric line which itself is contravention to the provisions

of law. That after objecting repeatedly to restrain from handling these

electrical line, but Person No. 2 along with Person No.1 & 2 showed no

heed. Besides that, at the same time Person No. 6 & 7 appeared at the

spot of the incidence and during which I asked them to look into the

electric wires and direct the Person No.1, 2 & 3 from carrying out

maintenance works in respect of the fire damages caused to electric lines,

apparatus, etc. I state that to which Person No. 6 & 7 replied that “Mind

your own business, Don’t teach us our duty if your problem is solved why

do you care who has done it”. I further state that when asked repeatedly

that it is against the provisions of law and cannot be accepted as due to

the works being carried out by unprofessional persons, it has resulted into

fire and sparks across the entire meter/electrical boxes and electrical lines.

That Person No. 6 & 7 replied that “Don’t let us disconnect your electricity

supplies if you teach us the provisions of law, and Person No.1, 2 & 3 are

doing the electrical works absolutely correct and it is not required to

interfere in it.” That after completion of the works by Person No. 2 in

presence of Person No.1, 3, 6 & 7 the electrical lines were reinstated and

after that after some conversation Person No. 6 & 7 left the premises of

the society.

XIII.I submit that, due to such behavior and grave misconduct in respect of

abetment of electrical works carried on by a private third person which

amount to professional misconduct and the act committed are grave and

serious in nature. That to report the said illegal acts of Person No. 6 & 7, I

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called up the Kharalwadi Section Office, Pimpri Division situated at

Masulkar Colony and the said call was answered by Mr. Kharat M.P (ALM)

viz. Person No.5 and when reported the said matter rather than registering

a complaint/grievance against Person No. 6 & 7, the said officer

threatened of disconnecting the electrical lines and will make me and my

family sit in dark for 24 hours over the call. That it is a constant behavior

of threatening general public by means of disconnection of electric supply

and would reinstate after 24 hours.

XIV.I most humbly state, that Person No.1 to 4 being the office bearers of the

society and Person No. 5 to 7 being the government servants and on

which duty has been cast in respect of the licensee/MSEDCL to protect and

safeguard the interest and stakes of the licensee/MSEDCL and report

unlawful and illegal activities and to take criminal cognizance of the same.

That the said acts mentioned above amounts to criminal offence and it

prima facie discloses commission of cognizable offences under the

provisions of The Electricity Act, 2003 ; The Indian Penal Code; The

Maharashtra Electricity Regulatory Commission (SOP) Regulations,

MSEDCL Electricity Supply Code and Other Conditions of Supply, etc. That

in addition the above mentioned person (s) jointly had also contravene the

provisions of The Works of Licensees Rules, 2006, etc.

XV.That the conduct of Person No.1, 2, 3 & 4 along with the collusion and

conspiracy with Person No. 5, 6 & 7 raises serious concerns in respect of

the contravention of multiple statutes including special statutes and

procedural laws for personal gains and to take a shortcut for attaining their

personal needs and wants. That it is important to state here that the

officers viz. Person No. 5, 6 & 7 attached to the Section Office of

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Kharalwadi, Pimpri Division are also liable for departmental proceedings

under the provisions of MSEDCL Employees Service Regulations,

Maharashtra Civil Services Rules & Maharashtra Departmental Rules, etc.

XVI.I most humbly state that the above mentioned Person No.1 to 7 have

committed offences under Sec. 119, 166, 217 of Indian Penal Code and

under Sec. 135, 136, 138, 139, 140, 147 R/W 150 of The Electricity Act,

2003.

XVII.I further state most humbly to the concerned authorities, that the offences

mentioned above are serious and grave in nature and that the incidence

furnished above is only a tip of the ice berg and that there have been large

scale electrical works going on within the jurisdiction of the Kharalwadi

Section Office, Pimpri Division situated at Masulkar Colony, Pimpri, Pune –

411018.

XVIII.That Addressee No. 1, 4 & 5 are the concerned authorities to take

cognizance for the offences punishable under The Electricity Act, 2003.

Besides that the registration of First Information Report is of utmost

important in respect of the offence committed by the Person No.1 to 7 and

that it is important for a precise and thorough investigation. I further state

that, there are incriminating articles including apparatus, electrical lines,

electric meters to be seized and books of account to be examined and

taken into custody as to the expenses incurred on the revenue of the

society for the illegal acts committed by Person No.1 to 4. That it is

important to register an First Information Report as well as a

representation to be made by the statutory authorities established under

The Electricity Act, 2003 in respect of the offences committed by Person

No.1 to 7. Besides that in the present circumstances of this particular case

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it is important that the plenary powers of search, seizures and inspection

enshrined in the special statute may kindly be invoked and important

evidences and articles may be seized before Person No.1 to 7 destroys and

tampers with the crucial evidence and articles.

XIX.That the act committed by the Person No.1 to 7 is a cognizable offence

and registration of First Information Report is mandatory. That the offence

committed by the Person No.1 to 7 has been reported within the time limit

and there is no abnormal delay in respect of the same. That the said

offence is a continuing offence which results into arising continuous cause

of action. Hence I most respectfully submit before the authority viz.

Addressee No. 1 to direct the appropriate police station to reduce the said

information relating to the commission of cognizable offence to an First

Information Report. Beside that the said offence has been committed in

more than two territorial jurisdictions. Simultaneously it is most

respectfully submitted before the Addressee No. 3 & 4 that they may

kindly send a representation in writing/complaint in respect of the offence

committed and the same has been stated above in detail.

XX.I most humbly state, that the Person No. 1 to 7 have committed offences

which are serious in nature and that the same has to be dealt with stern

hands and iron fist. That it is important to take strict action and important

to initiate criminal prosecution against the above mentioned Person No.1

to 7 at the earliest.

Pune

Dated: 12th December 2019 Mrs. Sanober Khan

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