News: Delink electricity fee from common area & other maintenance charges: HERC-30-03-2022
In July 2020, resident Naresh Kumar Jindal filed a complaint to the consumer grievance redressal forum (CGRF) against non-compliance with the HERC singlepoint supply provisions by the RWA and the developer of the group housing society.
GURUGR AM: In what could have a bearing on other group housing societies in the city, the Haryana Electricity Regulatory Commission (HERC), in its recent order, gave relief to a resident of Uniworld Garden 2 in Sector 47, who approached the authority for delinking electricity charges recovered through pre-paid energy meters from other charges, including common area maintenance (CAM).
In July 2020, resident Naresh Kumar Jindal filed a complaint to the consumer grievance redressal forum (CGRF) against non-compliance with the HERC singlepoint supply provisions by the RWA and the developer of the group housing society. The CGRF passed an order in November 2021, directing the RWA and Unitech Realty Pvt Ltd to immediately stop the recovery of CAM and other non-electricity charges through pre-paid energy meters. It also said that if residents continued to pay their electricity dues, their power supply should not be cut off for nonpayment of CAM or other charges. The RWA and Unitech were ordered to re-programme the existing pre-paid energy meters to show deductions for electricity charges only.
When the developer failed to comply with the CGRF direction, Jindal approached the regulatory commission in January this year. The HERC also called for delinking the electricity charges from CAM and other charges.
The developer this month finally complied with the direction. “After a struggle of two years, the developer has complied with the CGRF and HERC directions to delink electricity charges from CAM, etc. Despite the CGRF order in 2021, the developer kept trying to evade compliance and continued with the adopted practice,” said Jindal.
Linking electricity charges with CAM and other charges and deducting the same through pre-paid energy meters has become common practice in several group housing societies in Gurgaon, which residents say is against the provision of various orders by the HERC.
They argue that to ensure CAM payment and what steps to take to avoid default in payment of CAM is a matter of debate, and a different mechanism could become standard practice. “Electricity disconnection due to any other reason, except default in payment of respective usage as individual or pro-rata common area electricity charges, should not be done. It is a basic amenity, and our life is ever more dependent on power consumption. Having separate billing and payment models will bring in more transparency and trust,” said Gaurav Prakash, a resident of Brisk Lumbini in Sector 109.
“The pre-paid meters as installed in societies deduct charges cumulatively. Sometimes, charges get deducted twice a day. Flat owners do not get any information regarding the breakup of charges deducted daily. We do not know how much is for maintenance, diesel gen-sets, electricity, common area, water, etc.,” said Dinesh Pratap, a resident of Bestech Park View Ananda in Sector 81.
When contacted, PK Chauhan, superintending engineer of Dakshin Haryana Bijli Vitran Nigam (DHBVN), said, “This is a regulatory commission order and applies to all. Electricity charges are mainly for power consumption, and no charges, including CAM, should be clubbed with it. We have constituted a committee, and it is examining how single-point connection societies are charging residents. A detailed survey is underway.”
