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[3] It is the case of the petitioner that the respondent- consumers being engaged in commercial activity of being an organizer, builder and developer of schemes had made an application for receiving electric connection. The purpose for electric connection was to develop infrastructure to enable supply of the electricity for the purpose of infrastructure development of the respective land and for which the connection was received upon payment of the cost incurred by the petitioner in developing such infrastructure. It is the case of the petitioner that as the respondents-consumers had requested for connection for a commercial purpose, the electric company was entitled to levy the infrastructure development charges. The ombudsman therefore has disregarded this by equating the commercial activity of the respondents-consumers with a domestic consumer and held that the responsibility of development of infrastructure is that of the electric company and such cost cannot be recovered C/SCA/4668/2016 JUDGMENT from the consumer.

[5] Based on such application the electric company undertook the infrastructure development and erecting of new transformer and new HT line was laid.

[6] It appears that thereafter for the individual bungalows separate applications for separate connection as an individual consumers was made on 30.01.2014 and for such connections fixed charges and security deposits were received and the connections were released. It is submitted that after the entire development of infrastructure by the electric company for giving individual connection to the occupants of the respondent residential society, the respondent no.1 filed a complaint before the Consumer Grievance Redressal Forum of UGVCL. In the said complaint, the respondents had prayed for C/SCA/4668/2016 JUDGMENT refund of the infrastructure charges which the electric company had received at the time of giving the connection to the respondents as a society and not in individual capacity. By an order dated 09.06.2015, the complaint came to be rejected.

[10] Learned senior advocate submitted that it cannot be said that the petitioner-electric company was not entitled to recover the charges under the head of infrastructure development as the provisions under the Electricity Act, 2003 (for short "the Act") clearly provides for charging the amount under "infrastructure development charge.

[10.1] Reference was made to Section 42 of the Act, which provides for the duties of the distribution licensee. Emphasis was led on Sub-Section, 5, 6 and 7. Learned advocate then referred to Section 43 which provides for duties of supply of electricity on request. Section 45 provides that the power to recover charges and Section 46 provides for the power to recover the expenditure. Referring to Section 46, specific C/SCA/4668/2016 JUDGMENT attention is drawn to phrase contained in Section 46 "expenditure reasonably incurred in providing electric line or electric plant". It is submitted that the word electric line and electric plant are also defined in Section 2(20) and Section 2(22) respectively. It is submitted that Section 45(2) which provides for the recovery of charges specifies the manner in which the charges are to be recovered and such charges are from its type, required to be recovered from the individual who is supplied the electric connection, whereas Section 46 is meant for different charges and provides for recovery of the expenditure incurred by the electric company and therefore, reasonably expenditure incurred in developing infrastructure at the request of the infrastructure developer like the petitioner, such charges can be recovered by the electric company. 

   (2)        Letter    No.GUVNL/Tec/D(T)/SC/1067            dated
   11/05/2011,






       C/SCA/4668/2016                                       JUDGMENT
"In case of Infrastructure development if developer has asked only for electrification & not for any new connection then full cost of electrification shall be recovered from the developer & charges mentioned above shall be recovered from the subsequent applicants from such developed network." (3) Letter No.GUVNL/Tec/D(T)/SC/1069 dated 27/06/2014, • "In case of infrastructure development for Housing Colony/ Industrial Estate/ Street Light Network etc the DISCOMs may create Distribution Network on its own, where if there is any potential development in that area & as such the DISCOMs need not create network where there is no consumer to be supplied power & recovery for individual application should be made according to the service line charges on "per KW basis" approved by the commission".