LatestLegalNovember 2023

VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?

VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?

The building constructed by the Developer initially envisaged operation of “Centralised Air Conditioning” without leaving space for individual outdoor compressor units.    The Distribution Company sanctioned 40 meters to the building for AC system, which, according to it, was mistake and single HT connection ought to have been provided for Centralised AC system.  Moreover, for non-payment of electricity charges of 40 meters by the Developers, connections were permanently disconnected.

Thus, the Centralised AC system was not operational and there was no space in the building for outdoor AC Compressor units.

The group of 24 consumers on 28.12.2020 applied for 24 meters for VRF Group AC systems for common compressors on the terrace of building.

However, the petitioner advised for single HT connection vide letter dated 25.1.2021 as the load was crossing 150 KW.  Moreover, HT connection gives higher revenues as compared to 24 separate connections. Circular No.110 bars multiple meters for use of common facilities. Regulation No.2.2.5 of the Conditions of Supply based on the Maharashtra Electricity Regulatory Commission (Electricity Supply Code & Other Conditions of Supply) Regulations, 2005, prohibits more than one independent meter for an identical purpose in common premises.

The Society, therefore, approached the Consumer Grievance Redressal Forum.   The Forum, by the order dated 3.1.2022, directed the Company to provide 24 meters to the respondent society.

HELD that Provision of Air Conditioning facility for all members of a housing society / commercial complex can be treated as common facility.  The term of “one common premise” in Regulation 2.2.5 is used in the context of one flat, one shop or one godown etc.   It does not refer to common facilities in the housing society or commercial complex.  The said Regulation does not govern the situation of meter provision to common areas.

Judgment dated 8.11.2023 in W.P.No.15025 of 2022 in Maharashtra State Electricity Distribution Company Ltd Vs. Vashi Fantasia Business Park Premises Cooperative Society Ltd.

generatenewauth.php (bombayhighcourt.nic.in)

 

 

One thought on “VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?

  • legaldeliPost author

    pl give points for extra info

    Reply

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