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Tamil Nadu Electricity Ombudsman rules against granting two electricity connections for interlinked flats

#Law & Policy#India#Tamil Nadu
Synopsis

The Tamil Nadu Electricity Ombudsman has ruled that owning two flats connected by an internal passage does not justify having separate electricity service connections, even if separate property taxes and maintenance charges are paid. The decision was made in response to Mylapore resident S. Manimekalai's petition after Tangedco flagged the issue, citing a breach of the Tamil Nadu Electricity Regulatory Commission (TNERC) code. The Ombudsman upheld the CGRF's rejection of her appeal, stating that separate connections require permanent physical separation between flats. This ruling reinforces compliance with TNERC regulations, urging residents to adhere to standards to avoid penalties.

The Tamil Nadu Electricity Ombudsman has ruled that owning two flats in an apartment building with an interlinking passage does not entitle a resident to two separate electricity service connections, even if the individual pays separate property taxes and maintenance charges for each flat. This ruling came in response to the case of S. Manimekalai, a resident of Mylapore, who had petitioned the Ombudsman arguing that the internal passage linking her two flats was only a temporary arrangement due to her and her spouse being senior citizens.


The Ombudsman dismissed her argument, stating that the interlinking passage violated the Tamil Nadu Electricity Regulatory Commission (TNERC) distribution code and would result in a loss to the state government, as the petitioner would benefit from 200 units of free electricity. The complaint had been made to the Tamil Nadu Generation and Distribution Corporation (Tangedco) by an anonymous source, claiming that the flats in the Mylapore apartment were misusing electricity by creating an internal passage between the two. Tangedco's assistant engineer for the Luz section had conducted an inspection and confirmed the breach, where part of the wall separating the flats had been demolished to create the passage.

Following this inspection, a notice was issued to Manimekalai, instructing her to merge the two electricity connections. She subsequently approached the Consumer Grievance Redress Forum (CGRF), but her petition was rejected. Undeterred, she appealed to the Ombudsman, where she maintained that the passage was a temporary arrangement and did not combine the two flats into a single unit for legal or electrical purposes. Manimekalai further argued that each flat had separate property documents, water and property tax bills, kitchens, and maintenance charges. However, the Ombudsman cited sub-regulation 15 of the TNERC distribution code, which specifies that more than one service connection can only be granted if there is a permanent physical separation between the tenements. The Ombudsman upheld the CGRF's decision and directed Manimekalai to merge the electricity connections.

This ruling clarifies the electricity distribution code, ensuring that service connections are provided based on permanent physical segregation. Residents in similar situations must ensure compliance with regulatory standards to avoid legal disputes and penalties.

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