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THE
JHARKHAND GAZETTE EXTRAORDINARY
PUBLISHED
BY AUTHORITY
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No:172
Wednesday, 6th April 2005
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Notification
JSERC/54/11
Chait
12,1926
Wednesday, 6th April 2005
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JHARKHAND
STATE ELECTRICITY REGULATORY COMMISSION, RANCHI
(Guidelines
for Establishment of Forum for Redressal of Grievances of the Consumers
and Electricity Ombudsman) Regulation, 2005
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In exercise of the power
conferred on it by Section 181 read with Sub-Sections (5) to (8) of
Section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers
enabling in this behalf, the Jharkhand State Electricity Regulatory
Commission, to provide for a system of redressal of consumer grievances,
makes the following guidelines
PART- I
GENERAL
1.
Short title, Commencement and Interpretation
i) These Regulations
may be called the Jharkhand State Electricity Regulatory Commission
(Guidelines for Establishment of Forum for Redressal of
Grievances of the Consumers and
Electricity Ombudsman) Regulation, 2005.
ii) These regulations shall be applicable to all distribution & retail
supply Licensees in their
respective licensed areas.
iii) These regulations shall extend to the State of Jharkhand.
iv) These regulations shall come into force on the date of its publication
in the Jharkhand
State Government Gazette.
2.
Definition
In these regulations, unless the context otherwise requires: -
a) “Act” means the Electricity Act, 2003;
b) “Area of supply” means the area within
which a distribution Licensee is permitted by his
License to supply
electricity;
c) “Chairperson” means the Chairperson of
the Forum;
d) “Commission” means the Jharkhand State
Electricity Regulatory Commission;
e) “Complainant” means
i) a consumer of electricity including applicants for new connections
who
has a
complaint against the licensee.
ii) the representative of complainant, authorised in writing, supported
by
the affidavit
on Non Judicial Stamp Paper of appropriate value,
duly attested by the
Oath Commissioner/ Notary Public to represent
the complainant before the Forum / Ombudsman; or
iii) Any Registered/ Unregistered Association of consumers where
consumers
have
similar interest; or
iv) One or more consumers, where there are numerous consumers
having
similar interest; or
v) In case of death of a consumer, his legal heirs or authorised
representatives who
makes the complaint;
h) “Complaint” means any grievance in
writing made by a complainant that: -
(i) there exists defect or deficiency in electricity service provided by
the
Distribution licensee;
(ii) an unfair or restrictive trade practice has been adopted by the
distribution licensee in
providing electricity services;
(iii) the distribution licensee has charged a rate in excess of that fixed
by the
Commission,
for supply of electricity and related services;
(iv) the distribution licensee has recovered expenses, in excess of
charges
approved by the
Commission, in providing any electric line or electric
plant or electric
meter;
(v) the electricity services provded by the distribution licensee, is
unsafe or
hazardous to
public life and is in contravention to the provisions of any
law in force;
i) “Conduct of Business Regulations”
means “JSERC (Conduct of Business) Regulations, 2003” with amendments
as framed and published by the Commission from time to time.
j) “Consumer” means any person who is
supplied with electricity for his own use by a distribution licensee or
the Government or by any other person engaged in the business of supplying
electricity to the public under the Applicable Legal Framework or any
other law for the time being in force and includes any person whose
premises are for the time being connected for the purpose of receiving
electricity with the works of a distribution licensee, the Government or
such other person, as the case may be;
k) “Consumer dispute” means a dispute
where the person/licensee against whom complaint has been made, denies or
disputes the allegation contained in the complaint;
l) “Distribution licensee” means a
licensee authorised to operate and maintain a distribution system for
supplying electricity to the consumers in his area of supply and includes
a deemed licensee;
m) “defect” means any fault, imperfection
or shortcoming in quality, quantity, standard of service, equipment or
material which is required to be maintained by or under any law in force
or under any contract, express or implied, or as is claimed by the
distribution Licensee in any manner whatsoever in relation to electricity
service;
n) “deficiency” means any fault,
imperfection, shortcoming or inadequacy in the quality, nature and manner
of performance which is required to be maintained by or under any law in
force or has been undertaken to be performed by distribution Licensee in
pursuance of a contract agreement or otherwise in relation to electricity
service or performance standard; violations of Electricity Supply Code,
contraventions of Act, Rules or Regulations made there under with regard
to consumer interest;
o) “distribution system” means the system
of wires and associated facilities between the delivery points on the
transmission lines or the generating station connection and the point of
connection to the installation of the consumers;
p) “Electricity Ombudsman” means an
authority to be appointed or designated by the Commission, under
sub-section (6) of Section 42 of the Act, with whom a representation may
be made by any consumer, who is aggrieved by non-redressal of his
grievances by the Forum;
q) “electricity service” means
electricity supply, metering, billing, disconnection and reconnection,
providing electricity supply connection to the applicant, maintenance of
distribution system and all other attendant sub services etc.;
r) “Forum” means ‘Forum for redressal
of grievances of the consumers’ to be constituted by each distribution
Licensee;
s) “Form” means form appended to these
regulations;
t) “Member” means the Member of the Forum
and includes the Chairperson of the Forum;
u) “Nodal Officer” means the convener
designated by the distribution licensee who would coordinate with the
Forum / Electricity Ombudsman:
v) “restrictive trade practice” in
respect of electricity supply means a trade practice which prevents,
distorts or restricts competition in some manner “deemed to be
prejudicial to consumer interest”, if they raise cost unreasonably, or
the prices and /or profit unreasonably, or if they lead to lowering of
quality and shall include delay beyond the period agreed to by a
distribution licensee in providing the electricity services ;
w) “State Government” means the State
Government of Jharkhand ;
x) “Licensee” means a person who has been
granted a license or is a deemed licensee under Section 14 of the Act;
y) “unfair trade practice” means a trade
practice which a distribution licensee, for the purpose of promoting sale,
use or supply of electricity adopts any unfair method or discriminatory or
deceptive practice of making any statement, whether orally or in writing
or by visible representation which falsely represents that the services
are of a particular standard and / or quality made by him;
z) All other expressions used herein but not specifically defined but
defined in the Act shall have the meaning assigned to them in the Act.
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PART III
ELECTRICITY OMBUSDSMAN
15. Appointment and tenure
(1) As per section 42 (6) of the Electricity Act 2003, the Commission
shall appoint or designate an authority to be known as Electricity
Ombudsman for settlement of consumer grievance concerning non-redressal of
the consumer grievance by Forum established under clause 3 of this
regulation under section 42(5) of the Act. As per section 42(7) of the
Act, the Commission makes the following regulations regarding the time and
manner in which the Ombudsman shall settle the grievance of the consumer.
(2) The Electricity Ombudsman appointed/ designated by the Commission
should be an Electrical Engineer/Finance /Administrative / Legal officer
with ability, integrity and standing, conversant with the working of the
Electricity industry and enjoying a high reputation. The person should
have a minimum of 25 years of experience in his relevant field. Experience
of working of Consumers’ Grievance Redressal Cell/ Forum will be
desirable. The minimum age of the person to be considered for appointment,
as Electricity Ombudsman shall be 50 years. Provided that Ombudsman shall
not hold the office after attaining the age of 65 years.
(4) The appointment of Electricity Ombudsman under this Clause may be made
for a period not exceeding three years. Provided that the tenure of an
Electricity Ombudsman, may be extended by the Commission for further
period not exceeding one year at a time.
(5) The remuneration and other perquisites payable to Electricity
Ombudsman will be determined and borne by the Commission.
(6) The Electricity Ombudsman shall be provided with a Secretariat. The
cost of the Secretariat will be borne by the Commission.
(7) Before entering the office, the Electricity Ombudsman shall make and
subscribe to an Oath of office and secrecy in the form as may be
prescribed by the Commission. The Chairman of the Commission will
administer the oath.
(8) The Electricity Ombudsman shall be deemed to be public servant within
the meaning of Section 21 of India Penal Code.
(9) Where the Commission is satisfied that in the public interest or for
the reason of incapacity of the Electricity Ombudsman, it may for reasons
to be recorded in writing and by giving him one month notice or by paying
one month salary in lieu there of, remove any Electricity Ombudsman from
his office.
(10) The Electricity Ombudsman may relinquish his office by giving in
writing to the Commission a notice of not less than one month or by paying
one month’s salary in lieu there of.
(11) The Electricity Ombudsman shall not hold any office of profit during
his tenure as Electricity Ombudsman.
16. Territorial jurisdiction
The territorial limits of Electricity Ombudsman extend to entire State of
Jharkhand.
17. Location of office and temporary headquarters
The office(s) of the Electricity Ombudsman(s) will be located at such
place(s) as may be specified by the Commission. In order to expedite
disposal of complaints, the Electricity Ombudsman may hold sittings at
such places within his area of jurisdiction as may be considered necessary
and proper by him in respect of a complaint or reference, as the case may
be, before him.
18.
Powers and duties of Electricity Ombudsman
The Electricity Ombudsman shall have the following powers and duties:
(1) To receive the representation from consumer(s)/ Licensees who is (are)
aggrieved by the order of the Forum or its non implementation except the
order of the Forum, if the said order is made with the consent with the
parties.
(2). The Electricity Ombudsman shall exercise general powers of
superintendence
and control over his office and shall be responsible for the
conduct of
business
of his office. The budget of the Electricity Ombudsman
will be included in
the
Commission’s budget.
(3) The Electricity Ombudsman shall perform any other functions as may be
specified from time to time by the Commission with regard to the consumer
grievances.
19. Procedure for filing a representation
(1) The Licensee or any consumer who is aggrieved with the order passed by
Forum or non-implementation of the orders of the Forum within one month of
the order of the Forum may himself or through his representative, make a
representation in writing in Form – III duly signed by the complainant
or his authorized representative to the electricity Ombudsman.
(2) The representation shall state clearlya) the Name(s) of the consumer(s),
or the organization, postal address, telephone number and email address,
if any, of the complainant.b) The consumer number, category, address of
the location of the service connection, name of the local distribution
licensees’ office and address, the facts giving rise to complaint
supported by documents, if any and relief sought from the Electricity
Ombudsman.c) The name of the Forum, date of order, decision of the Forum
(a copy of the order of the Forum to be enclosed).
(3) No complaint to the Electricity Ombudsman shall lie unless:
a) The complainant had before making a representation to the
Electricity Ombudsman made a written representation to the Forum
of the
Distribution licensee named in the complaint and either the
Forum had
rejected the complaint or the complainant had not
received any reply within
a period of three months from date of filing
of the grievance or the
complainant is not satisfied with the orders of
the Forum or the order of the
Forum has not been complied with.
b) The representation is made within thirty days from the date of receipt
of the order of the Forum or such extended period as may be
permitted by the Ombudsman not exceeding further thirty days for
reasons to be recorded in writing Ombudsman; if it is satisfied that
there exists sufficient cause for not filing it within that period.
c) The complaint is fresh and has not been decided by the
Electricity
Ombudsman in any previous proceedings.
d) The complaint does not pertain to the same subject matter for which
any proceedings before the Commission or any authority/court of law is
pending or a decree or award or a final order has already been passed
by the Commission or any competent court, and
e) The complaint is not frivolous or vexatious in nature.
(4) After registering the representation of the complainant, licensee, the
Ombudsman, within 7 days of registration, shall call for records relating
to the representation from the concerned Forum. The concerned Forum shall
send the entire records within 15 days from the date of issue of such
notice, to the office of the Ombudsman.
20. Rejection of the representation
(1) The Electricity Ombudsman may reject the representation at any stage
if it appears to him that the representation made is :
a) frivolous, vexatious, malafide; or
b) without any sufficient cause or;
c) that it is not pursued by the complainant with reasonable diligence or;
d) prima facie, there is no loss or damage or inconvenience caused to the
complainant.
(2) The Electricity Ombudsman may reject a representation at any stage, if
after consideration of the complaint and evidence produced before it, the
Electricity Ombudsman is of the opinion that the complicated nature of the
complaint required consideration of elaborate documentary and oral
evidence and the proceedings before the Electricity Ombudsman are not
appropriate for adjudication of such complaint.
(3) The decision to reject the representation shall be conveyed to the
complainant by way of speaking order in writing.
(4) The representation can be withdrawn by making a petition to that
effect to the Electricity Ombudsman which may allow the withdrawal with
such orders as it deems necessary.
21.
Powers to call information
(1) For the purpose of carrying out his duties, an Ombudsman may require
the Distribution licensee named in the complaint or any of his officers or
the consumer to furnish certified copies of any document relating to the
subject matter of the complaint, which is or is alleged to be in its
possession or further information within 15 days.
Provided that in the event of failure of a Distribution licensee to comply
with the requisition without any sufficient cause, the Electricity
Ombudsman may, if he deems fit, draw adverse inference against the
Distribution licensee/consumer and proceed to settle the case on the basis
of material available on record.
Provided that nothing in this clause shall prevent the Electricity
Ombudsman from disclosing information or document furnished by a party in
a complaint to other party or parties, to the extent considered by him to
be reasonably required to comply with the principles of natural justice
and fair play in the proceedings.
22.
Settlement of complaint by agreement
(1) As soon as it may be practicable to do, but not later than one
week from the date of receipt of representation, the Electricity
Ombudsman shall serve a notice to the nodal officer of the distribution
licensee along with a copy of the complaint and endeavor to promote a
settlement of the complaint by agreement between the complainant and the
Distribution licensee named in the complaint through conciliation or
mediation.
(2) For the purpose of facilitating settlement of the representation, the
Electricity Ombudsman may follow such procedures, as he/she may consider
appropriate. The process of mediation should be completed within 30 days
from the date of issue of such notice.
(3) When a representation is reported settled through mutual agreement
with both the parties in writing, the Electricity Ombudsman shall make a
recommendation, in terms of the agreement. The copies of the case
recommendation shall be sent to the complainant and the Distribution
licensee concerned not later than 7 days from the date of recording /
receipt of the mutual agreement.
(4) If a complainant accepts the recommendation of the Electricity
Ombudsman, he shall send a communication in writing within 15 days from
the date issue of the recommendation confirming his acceptance to
Electricity Ombudsman and state clearly that the settlement reached is in
full and final settlement of complaint.
(5) The Electricity Ombudsman shall send the acceptance letter received
from the complainant to the Distribution licensee to comply with the terms
of the recommendations immediately but not later than 21 days of the
receipt of such recommendation and the Distribution licensee shall inform
the Electricity Ombudsman of its compliance within 7 days of the
implementation of such recommendation.
23. Hearing of the matter and award
(1) Where the complaint is not settled by agreement under regulation 21,
the Electricity Ombudsman may determine the manner, the place, the date
and the time of the hearing of the matter as he considers appropriate.
(2) The Electricity Ombudsman may hear the pleadings of the parties and
direct the parties to submit written statement of submission in the
matter.
(3) The Electricity Ombudsman shall pass a speaking order giving reasons
for his findings and award.
(4) The Electricity Ombudsman shall pass an award expeditiously preferably
within a period of 90 days from the date of receipt of the complaint and
send a copy of the award to the complainant, distribution licensee and
JSERC within 7 days. The distribution licensee/ Complainant shall inform
the Electricity Ombudsman of its compliance within 30 days of the
implementation of the award. 24. Report of Electricity Ombudsman (1) The
Electricity Ombudsman shall send to the Commission, by 1st May every year,
a report containing a general review of the activities of his office
during the preceding financial year and shall furnish such information as
the commission may direct. The quarterly status report of the complaint
should also be submitted in the Form –IV (2) The Commission, if it
considers necessary in the public interest, may publish the report and the
intimation from the Electricity Ombudsman in such consolidated form or
otherwise as it deems fit.
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