Consumer Grievance Redressal, Regulations, 2010

JOINT ELECTRICITY REGULATORY COMMISSION

FOR MANIPUR AND MIZORAM

AIZAWL : : : MIZORAM

 

                                                               N O T I F I C A T I O N

No.H. 11019/5/08-JERC, the 18^th June, 2010. In exercise of the powers conferred on it by sub-sections (r) and (s) of Section 181 read with sub-sections (5) to (7) of Section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, the Joint Electricity Regulatory Commission for Manipur and Mizoram hereby makes the following Regulations, providing guidelines to the Distribution Licensees/ Integrated Utilities in the States of Manipur and Mizoram for establishing Forum (s) for redressal of grievances of consumers and for the appointment of the Electricity Ombudsman by the Commission, for making representation against non-redressal of grievances of consumers and the time and manner of settlement of grievances by the Electricity Ombudsman and for matters incidental and ancillary thereto.

 

CHAPTER-I

 GENERAL

 

1       Short Title, Commencement and Interpretation

1.1    These Regulations may be called the Joint Electricity Regulatory Commission for the States of Manipur and Mizoram (Consumer Grievance Redressal) Regulations, 2010.

1.2    These Regulations extend to the whole of the States of Manipur and Mizoram and shall apply in relation to all matters falling within the jurisdiction of the Commission.

1.3    These Regulations shall come into force from the dates of their publication in the Official Gazette of Manipur and Mizoram.

1.4    These Regulations shall be construed harmoniously with the standards of performance of Distribution Licensees/Integrated Utilities and the Electricity Supply Code specified by the Commission under the provisions of clauses (x) and (za) of sub-section (2) of Section 181 of the Act. In case of any inconsistency with these Regulations, the standards of performance of Distribution Licensees/ Integrated Utilities and the Electricity Supply Code shall prevail.

2       Definitions

2.1    In these Regulations, unless the context otherwise requires –

(a)        “Act” means the Electricity Act, 2003 (36 of 2003);

(b)        “Commission” means the Joint Electricity Regulatory Commission for the States of Manipur and Mizoram.

(c)          “Integrated Utility” means the Manipur and Mizoram Power & Electricity Departments in their present form or the successor entity of the department performing one or more of the functions of generation, transmission, distribution and trading after restructuring and/or corporatization of the Department (s).

(d)       “Consumer” as defined under clause (15) of Section 2 of the Act.

(e)        “Grievances” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a Distribution Licensee in pursuance of a license, contract, agreement or under the Electricity Supply Code or in relation to standards of performance of Distribution Licensees as specified by the Commission and includes inter alia (a) safety of distribution system having potential of endangering of life or property, and (b) grievances in respect of non-compliance of any order of the Commission or any action to be taken in pursuance thereof which are within the jurisdiction of the Forum or Ombudsman, as the case may be.

(f)        “Internal Grievance Redressal Cell” or “IGR Cell” means such authority to be contacted by the consumer for redressal of his/her Grievance as notified by the Distribution Licensee/Integrated Utility before going to the Forum.

(g)        “Forum” means the forum for redressal of grievances of consumers required to be established by Distribution Licensees/Integrated Utilities pursuant to sub-section (5) of section 42 of the Act and these Regulations.

(h)        “Electricity Ombudsman” means an authority appointed or designated by the Commission in pursuance of sub-section (6) of Section 42 of the Act and these Regulations, to whom any consumer, who is aggrieved by non-redressal of his grievances by the Forum, may make a representation.

(i)         “Nodal Officer” shall mean an officer having knowledge and experience in distribution and supply of electricity and so designated by the Distribution Licensee/Integrated Utility who shall not be below the rank of an Executive Engineer or officer of equivalent rank of any other Distribution Licensees/Integrated Utilities.

(j)         “Representation” shall mean the representation made to the Electricity Ombudsman by the consumer in person or on behalf of such consumer who is aggrieved by non-redressal of his grievances by the Forum (including dismissal order) within the specified time and in accordance with these Regulations.

 

2.2   Interpretations

Words and expressions used and not defined in these Regulations but defined in the Act shall have the meanings respectively assigned to them in the Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER-2:

 NATURE OF COMPLAINTS AND DUTY OF THE DISTRIBUTION LICENSEES

 

3       Nature of Complaint and its Registration

3.1    Redressal of Consumer Grievances are to be initiated in the form of complaints and at different levels in the prescribed forms 1 & 2 and the Consumer complaints are to be classified as under for convenience of handling of the following categories of grievances:

(a)        Interruption in power supply

(b)       Voltage related grievances

(c)       Load shedding/scheduled outage

(d)      Meter related grievances

(e)       Grievances related to billing, collection, etc.

(f)       Disconnection and reconnection of power supply

(g)       Delay in new service connection or extension of Load

(h)       Others

3.2    The Distribution Licensee/Integrated Utility shall have Internal Grievance Redressal Cells (IGR-Cell) at different appropriate locations headed by officers of different levels of the Distribution Licensee/Integrated Utility and each cell shall maintain a register for registering the complaints received.

3.3  The Consumer complaints shall be duly registered under the above categories   within 2 hours of the receipt of the complaint.

3.4   The concerned officers of the Distribution Licensee/Integrated Utility shall deal with the complaint in the manner set out in Schedule I to these guidelines. The Distribution Licensee/Integrated Utility shall follow the implementation steps specified in Schedule II.

3.5   In the event the grievance of the consumer is not redressed satisfactory to the consumer within the period specified in Schedule –I to these regulations and the consumer does not accept in writing of such satisfactory resolution of the grievance, the officer concerned of the IGR Cell shall within 3 days forward the complaint together with his comments to the Forum for further action.

3.6   The consumer may at any time after the expiry of the period specified in Schedule-I  approach the Forum for redressal of the grievance in the format set out at Appendix ‘A’.

 

3.7   The Distribution Licensee/Integrated Utility and its officers, agents and  

                  representatives, in dealing with the consumer complaints, shall be guided by  

                  the following:

(a)   the provisions of the Electricity Act, 2003 and the rules and regulations framed there under ;

(b)     the standard of performance for the Distribution Licensee including as laid  down in the Distribution Code, Electricity Supply Code, Complaint Handling Procedures, the License terms and conditions under any other order or directions of the Commission shall have to be duly complied with and fulfilled;

(c)  the distribution licensee/integrated utility is undertaking a public utility  service and that the consumer who is paying for the service is entitled to expect quality and prompt service;

(d)    the resolution of complaint is done promptly;

(e)   the resolution of the complaint satisfactorily is to preserve or enhance the  relationship between the licensee and the consumer;

(f)     the intention should be to encourage amicable resolution of disputes without   formal legal representation or reliance on legal procedures;

(g)     the Complaints are generally taken up and decided on first come first serve basis without showing undue preference to any person; and

(h)     proper and accurate records of the complaints received, action taken and the reaction of the consumer concerned are duly maintained.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER-3:

FORUM FOR REDRESSAL OF GRIEVANCES OF THE CONSUMERS

 

4       Constitution of the Forum

 

4.1    Every existing Distribution Licensee/ Integrated Utility shall not later than the two months from the date of the publication of these regulations and any new distribution licensee within six months from the grant of license, establish a Forum for redressal of grievances in accordance with these Regulations.

4.2    The Forum shall consist of three members to be appointed by the Distribution Licensee/ Integrated Utility with the following composition:

(a)     A serving officer of the Distribution Licensee/Integrated Utility or a retired person to be designated by the Distribution Licensee/Integrated Utility possessing degree in electrical engineering and having at least fifteen years’ experience in the distribution of electricity and having served not below the rank of Superintending Engineer who will be the Chairman of the Forum.

Provided when the Chairman of the Forum is unable to discharge the functions owing to absence, illness or any other cause, the member indicated in Sub-Clause 2.0 (b) of Clause 2.0 of this Chapter shall discharge the functions of the Chairman until the day when the Chairman assumes office.

(b)     One member shall be a person not below the rank of an Executive Engineer of the Department or a person of equivalent rank of any other Distribution Licensee.

(c)     One shall be a representative of a Consumer Association/Non-Governmental Organization actively engaged in protecting the interests of electricity consumers working preferably at least 5 years on matters concerning consumer’s grievances.

4.3  The Commission may direct the Distribution Licensee/Integrated Utility to substitute  a member of the Forum with another person as per the composition and qualification provided in sub-clause (2) above if in the opinion of the Commission such substitution is necessary for the proper discharge of the functions of the forum and redressal of the grievances of the Consumers.

4.4    Every member of the Forum shall hold office for a fixed term of two years with a provision for extension of term by one more year but shall not be eligible for reappointment at any time after the expiry of his term of appointment provided that no person shall be appointed as member after he attains the age of 62 years.

Provided that a member of the Forum who is in the employment of the Distribution Licensee/Integrated Utility upon his transfer shall cease to be a member of the Forum and the Distribution Licencee/Integrated Utility shall designate another officer as member of the Forum who shall comply with the eligibility criteria set out in sub-clause 4.2(b).

4.5    No person shall be appointed and/or be entitled to continue as a member if he stands disqualified on account of his;

(i)      having been adjudged an insolvent;

(ii)     having been convicted of an offence which in the opinion of the Distribution Licensee involves moral turpitude;

(iii)    having become physically or mentally incapable of acting as such member;

(iv)    having acquired such financial or other interest as is likely to affect prejudicially his functions as a member;

(v)     having so abused his position as to render his continuance in office prejudicial to public interest; or

(vi)    having been guilty of proved misbehavior.

4.6    The Distribution Licensee/Integrated Utility shall meet the costs and expenses of the Forum including the establishment and staff required to assist the Forum in the discharge of the functions under these Regulations.

4.7    The Distribution Licensee/Integrated Utility shall give publicity of the constitution and existence of the Forum including in the bills raised for the supply of electricity to the consumers and in such other manner as the Commission may from time to time notify. The names and designation of the members of the Forum and the concerned officers of the Forum, the address, e-mail, facsimile and phone numbers of the Forum shall be displayed at all the offices of the Distribution Licensee/Integrated Utility and shall also be duly publicized.

4.8    The Forum shall maintain a regular office at the principal place of business of the Distribution Licensee/Integrated Utility, where the Forum shall receive the Complaints. The Forum shall have sittings at such Principal Office and also at any other place in the area of supply of the Distribution Licensee/Integrated Utility as may be decided by the Forum or as the Commission may direct from time to time considering the number of complaints received, the place from where the Complaint is received and the proximity to the principal place of business of the Distribution Licensees/Integrated Utilities and other relevant factors.

4.9    A complaint handling procedure for the Forum shall be prescribed by the Distribution Licensee/Integrated Utility.

4.10  A member of the Consumer Grievances Redressal Forum(CGRF) who is representing the Consumers Society/ Association/ Union, but not a working government/ PSU Employee, shall be entitled to get a Sitting allowance of Rs.300.000 and normal TA/DA at the rate admissible to Executive Engineer (EE) of the State Government.

 

5       Procedure for Grievance Redressal of the Forum:

5.1   The Forum shall receive the complaints forwarded under clause 3.5 or filed under column 3.6 with the Forum.

5.2   The Forum shall send an acknowledgement of receipt of Grievance to the consumer bearing a serial number and date within five (5) working days from the date of receipt of a Grievance. Where the Grievance has been submitted in person, the acknowledgement shall be provided at the time of submission.

5.3   Forum shall not admit any Grievance unless it is filed within 1(one) year from the date on which the cause of action has arisen.

5.4   The Forum shall not entertain a Grievance:

(a)        unless the consumer has complied with the procedure under Regulation 3 and has submitted his Grievance in the specified form to the Forum;

(b)        unless the consumer is aggrieved on account of his Grievance being not redressed by the IGR Cell within the period set out in these Regulations;

(c)        unless the Forum is satisfied that the Grievance is not in respect of the same subject matter that has been settled by the Forum in any previous proceedings; and

(d)       where a representation by the consumer, in respect of the same Grievance, is pending in any proceedings before any court, tribunal or arbitrator or any other authority, or a decree or award or a final order has already been passed by any such court, tribunal, arbitrator or authority.

5.5   If the Forum is prima facie of the view that any Grievance referred to it falls within the purview of any of the following provisions of the Act, the same shall be excluded from the jurisdiction of the Forum:

(a)        unauthorized use of electricity as provided under section 126 of the Act;

(b)        offences and penalties as provided under sections 135 to 139 of the Act;

(c)        accident in the distribution; supply or use of electricity as provided under section 161 of the Act; and

(d)       recovery of arrears where the bill amount is not disputed.

5.6    The Forum shall maintain true and correct records of all Complaints received by the Forum from time to time and make available such records for inspection of the Commission as the Commission may require. Such records shall also be open for inspection by the consumers and others who are complainants. Wherever required by the complainants, the Forum shall acknowledge in writing the pendency of the complaint before the Forum.

5.7    The Forum shall redress the grievances expeditiously and shall communicate its decision to the Complainant within a period not exceeding 30 days of the receipt of the Complaint by the Forum. The Forum shall give the reasons in support of its decisions.

5.8    The Forum shall be entitled to call for any record and/or require attendance of any person to facilitate and expedite the disposal of the Grievance. The Forum shall also be entitled to direct the Distribution Licensee/Integrated Utility to undertake an inspection.

 

6     Findings of the Forum

6.1    On completion of the proceedings conducted under Regulation 5, except where the Forum consists of a single member, the Forum shall take a decision by a majority of votes of the members of the Forum and in the event of equality of votes, the Chairperson shall have the second and casting vote

6.2    If, after the completion of the proceedings, the Forum is satisfied after voting under Regulation 6.1 that any of the allegations contained in the Grievance is correct, it shall issue an order to the Distribution Licensees directing it to do one or more of the following things in a time bound manner, namely-

(a)     to remove the cause  of Grievance in question;

(b)     to return to the consumer the undue charges paid by the consumer;

(c)     to pay such amount as may be awarded by it as compensation to the consumer for any loss or damage suffered by the consumer.

Provided however that in no case shall any consumer be entitled to indirect, consequential, incidental, punitive, or exemplary damages, loss of profits or opportunity.

(d)    to pay such amount as compensation as specified by the Commission in the standards of performance of Distribution Licensees.

(e)     any other order, deemed appropriate in the facts and circumstances of the case.

6.3   The order of the Forum shall be binding on the consumer and the  Distribution Licensee.

6.4    Any order passed or direction issued by the Forum shall be implemented or complied with by the Distribution Licensee or the person required by the order or direction to do so and within the time frame stipulated in the order / directions and further intimation of such compliance shall also be made to the Forum within the time frame stipulated in that regard in the order/directions.

              

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER-4

REDRESSAL OF GRIEVANCES BY OMBUDSMAN

 

7       Representation to Ombudsman

7.1    Any consumer if aggrieved by the non-redressal of the grievance by the Forum, may make a representation to the Ombudsman in the format set out at Appendix ‘B’ within thirty days from the date of the decision of the Forum or within thirty days from the date of the expiry of a period within which the Forum was required to take decision and communicate the same to the Complainant.

 

         Provided that the Ombudsman may entertain an appeal after the expiry of the said period of thirty days if the Ombudsman is satisfied that there as sufficient cause for not filing it within that period.

7.2    The Ombudsman shall decide the representation, after providing the complainant and the Distribution Licensee/Integrated Utility an opportunity of being heard.

7.3    (a)     For the purpose of carrying out the functions, the Ombudsman may require the Distribution Licensee/Integrated Utility or any of the officials, representatives or agents of the Distribution Licensee including the Forum to furnish documents, books, information, data and details as may be required to decide the representation.

(b)     The Distribution Licensee/Integrated Utility and others mentioned above     

          shall duly comply with such requirements of the Ombudsman.

7.4    (a)     The Ombudsman shall decide the representation finally within three months from the date of the receipt of the Representation of the Complainant. 

         (b)     In the event the Representation is not decided within three months, the Ombudsman shall record the reasons herefore including the cost to be paid by the Distribution Licensee/Integrated Utility if the inability to decide within the time is attributable to the Distribution Licensee/Integrated Utility.

         (c)     In case the delay is for reasons attributable to the Complainant, the Ombudsman may reject the Representation.

7.5    The Distribution Licensee/Integrated Utility shall duly comply with and implement the decision of the Ombudsman.

 

 

 

 

 

8       Powers of Ombudsman:

8.1    The Ombudsman may receive and consider all representations filed by the complainant for non-redressal of the grievances by the Forum under sub-section (5) of section 42 of the Act.

8.2    Notwithstanding the above, the Ombudsman shall not entertain any representation in regard to matter which are subject matters of existing or proposed proceedings before the Commission or before any other authority including under Part X, XI, XII, XIV and XV of the Act.

8.3    The Ombudsman shall in the first instance act as conciliator in matters which are the subject matter of representation filed.

8.4    Subject to the provisions of the Act and these Regulations, the Ombudsman’s decision whether the complaint is fit and proper for being considered by it or not shall be final.

8.5    The Ombudsman shall adopt a procedure ensuring transparency and due compliance of the principles of natural justice and due process of law.

8.6    The Ombudsman shall dispose of a complaint fairly and equitably.

9       Recommendations made by the Ombudsman

9.1    When a complaint is settled through conciliation or mediation of the Ombudsman, the Ombudsman shall make a recommendation which he thinks fair in the circumstances of the case. The copies of the recommendation shall be sent to the Consumer and the Distribution Licensee/Integrated Utility.

9.2    The Consumer and the Distribution Licensee/Integrated Utility shall send a communication in writing within 15 days of the date of receipt of the recommendation confirming their acceptance of the recommendations made by the Ombudsman in full and final settlement of the complaint made.

9.3    On the receipt of the unconditional acceptance by both the consumer and the Distribution Licensee/Integrated Utility the office of the Ombudsman shall duly record the same and dispose the representation.

10     Award:

10.1  Where the complaint is not settled by agreement under Regulations 9, the Ombudsman shall hear the parties and pass a speaking award with detailed reasoning the decision on the representation.

10.2  An Award shall be in writing and shall state the nature of the relief including monetary compensation if any, the Complainant is entitled to as per the award.

10.3  A copy of award shall be sent to the Consumer and the Distribution Licensee/Integrated Utility concerned.

10.4  The Consumer shall furnish to the Distribution Licensee/Integrated Utility within a period of one month from the date of receipt of the award or within such period the Ombudsman may allow for reasons to the recorded, a letter of acceptance that the award is in full and final settlement of his claim and complaint made.

10.5  The Distribution Licensee/Integrated Utility shall comply with the award within 15 days of the receipt of the acceptance letter under Clause (10.4) and it shall intimate the compliance to the Ombudsman.

10.6  An order passed or direction issued by the Electricity Ombudsman shall be binding on the parties so named in the order or direction and such order or direction shall be implemented or complied with by the Distribution Licensee or the person required by the order or direction to do so and within the time frame stipulated therein and further intimation of such compliance shall also be made to the Electricity Ombudsman within the time frame stipulated in that regard therein.

11     Consequences of Non-Acceptance of Award:

         If  the Consumer does not intimate the acceptance under Clause (4) of Regulation-10 above, the Distribution Licensee/Integrated Utility shall not be required to implement the award.

12     Punishment for non-compliance of orders/award

Without prejudice to any penalty which may be imposed or prosecution proceeding which may be initiated under the Act, non-compliance of Regulations 6.4 or 10.6 in any manner whatsoever shall be deemed to be a contravention of the provisions of these Regulations and the Commission may initiate proceedings sou motu or on a complaint filed by any person to impose penalty or prosecution proceeding under Sections 142 of the Act.

 

13     Powers to Remove Difficulties:

13.1  If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, by general or special order, direct the Distribution Licensee/Integrated Utility, the Forum and the Ombudsman to take suitable action not being inconsistent with the Electricity Act, 2003 which appears to the Commission to be necessary or expedient for the purpose of removing difficulties.

13.2  The licensee may make an application to the Commission and seek suitable orders to remove any difficulties that may arise in the establishment of the Forum as per these Regulations or otherwise in the implementation of the guidelines.

14     Issue of Orders and Practice Directions:

               Subject to the provisions of the Electricity Act, 2003, the Commission may from time to time issue orders and practice directions for the effective implementation of these Regulations to be followed.

15     Powers to Amend:

         The Commission may, at any time add, vary, alter, modify or amend any provisions of these regulations.

16     Submission of Reports to the Commission:

16.1  The Forum and the Ombudsman each shall submit a quarterly report on the                number of complaints received, redressed and pending within 15 days of the                   end of the quarter to the Commission.

16.2  The Forum and the Ombudsman each shall also furnish to the Commission by 31^st May every year, a report containing a general review of the activities of their offices during the preceding financial year and shall furnish such                   information as the Commission may require.

17     Repeal and Saving-

17.1 Save as otherwise provided in these Regulations, the Joint Electricity Regulatory Commission for the States of Manipur & Mizoram (Consumer Grievance Redressal) Regulations 2008 is hereby repealed.

17.2 Notwithstanding such repeal, all proceedings and actions taken and orders passed by the Commission or by any authority or Committee under the Regulations or the Orders so repealed, exercising or purporting to exercise jurisdiction under such Regulations or Orders shall be deemed to be as good and valid in law as if it has been so taken and made under the relevant provisions of this Regulations or the Order, as the case may be.

 

          By order of the Commission

 

 

                                                                                            Sd/- RICHARD ZOTHANKIMA

    Assistant Secretary,

                                                                                   Joint Electricity Regulatory Commission

                                                                                               For Manipur and Mizoram 

SCHEDULE-I

COMPLAINT RESOLUTION PROCEDURE AND TIME LIMITS

FOR CATEGORIES

(See Guidelines under Chapter-II)

 

1       Interruption in power supply (Fuse-off call, etc)

 

(1)     In case of interruption of power supply for LT. consumers, the complaint shall be registered with the IGR Cells in the Fuse-off Call Centre/Fault Call Centre/Central Complaint Centre/Junior engineer of the Distribution Licensee along with name, address, consumer number and a brief description of the complaint. The HT consumer complaints will be registered with the Junior Engineer of the Distribution Licensee/Integrated Utilities.

 

1. The complaint may be made by telephone or personally and the concerned officer of the Distribution Licensee/Integrated Utilities shall ensure prompt response and action. The official immediately on receiving the complaint shall register it and issue a Complaint Number.

(3)     The Table 1A below outlines the normal time for resolution of complaints:

 

(4)     Adherence of time limit for rendering the services under various nature of complaint mentioned below is subjected to the condition that Distribution Licensee/Integrated Utility is not prevented from doing so due to extraordinary situations like cyclone, flood, storm or any such occurrences not attributable to the Department/Licensee.

Table 1A

 

 

(5)     In case of non-resolution or unsatisfactory resolution of the complaint at Level  I, officers mentioned in Para 1.1 above, the consumer may take his/her complaint to the officer at Level II mentioned in Table 1B below. Immediately on receipt of any complaint, the officer shall not only take action to ensure restoration of supply on the same day, he will also investigate the reason of delay in providing service at level 1. Table 1B presents the procedure for lodging the complaints:

Table 1B

 

 

 

2       Voltage related grievances:

(1)     In case of low/high or erratic voltage condition for LT consumers, the complaint may be registered with the Fuse-off Call Centre/Central Complaint Centre/Junior Engineer of the Distribution Licensee along with name, address, consumer number and a brief description of the complaint. The HT consumer complaints will be registered with the Junior Engineer/Assistant Engineer.

 

(2)  The complaint may be made by telephone, by post or personally and the Distribution Licensee shall ensure prompt response and action. The official receiving the complaint shall register it in Form 1 and issue a Complaint Number. For postal complaints, the receipt shall be dispatched by the next working day.

(3)    The Table 2A below outlines the time limit for resolution of complaints:

                                                                                                                                                                                                                                          Table 2A

 

(4)   In case the problem is local in nature, the problem shall be resolved within 7 days in case of cities/towns and 10 days in case of rural areas. In case of need for augmentation of the distribution line, transformer capacity or installation of capacitor, the time frame for resolution shall be 120 days; the consumer shall be informed of the same in writing by the Junior Engineer/Assistant Engineer.

 

(5)     In case of non-resolution, the consumer may take his complaint to the officer (level 2) as mentioned in the Table 2B below in form 2. The officer shall take immediate action on the same and shall inform the consumers about the reasons of delay and the time required to solve the problem. The officer shall provide this information to the consumer in writing within 7 days of receipt of complaint.

 

Table 2B

 

 

 

3       Load shedding/scheduled outage:

 

(1)     In case of load shedding or scheduled power cuts exceeding 12 hours of duration in a day or power cuts exceeds 25 hours in a week, the LT consumer may lodge a complaint with the Junior Engineer/Assistant Engineer of the Distribution Licensee. The HT consumer shall register his complaint with the Assistant Engineer/Executive Engineer.

 

(2)     The complaint may be made by telephone, by post or personally for which a Complaint Number shall be provided. For postal complaints, the receipt shall be dispatched by the next working day. The concerned officer of the Distribution Licensee shall ensure prompt response and action and also ensure non-recurrence.

 

(3)     For scheduled power cuts, the consumers must be intimated at least 24 hours in advance through the print media, public address, electronic media and/or through telephone. The timing for the scheduled power cut must also be displayed on the notice board of the Distribution Centre and the Fuse-off Call Centre for the information of the consumer.

 

(4)     The duration of scheduled power cut must never exceed 12 hours and supply should normally be restored before sun set.

 

(5)  The licensee should submit its plan of scheduled regular outages to the Commission for information.

 

(6)     Load shedding/scheduled outage: Load shedding arising out of forced outage of transmission/distribution line and due to system contingencies may have to continue beyond sun set in a day under exceptional circumstances.

 

(7)     In case of non-resolution or unsatisfactory resolution of complaints, the consumer may lodge a complaint with the officer at Level 2 as mentioned in the Table 3 below. The office, after investigating the case, shall intimate the consumer in writing the reason of delay within 24 hours of receipt of complaint and take steps to correct the situation.

Table 3

 

4       Meter related grievances:

(1)     If the consumer suspects that his meter is faulty, he may record his complaint with the Junior Engineer/Assistant Engineer in case of LT connection and with the Assistant Executive Engineer/Executive engineer in case of HT connection. The complaint may be made over the telephone, by post or in person. The officer receiving the complaint must immediately issue a Complaint Number. For postal complaints, the receipt shall be dispatched by the next working day.

 

(2)     On receipt of the complaint, the initial inspection shall be done within 7 days of the complaint. The meter inspection shall be carried out on chargeable basis. The amount shall be payable by the consumer in the next energy bill. If the meter is found to be defective, the Distribution Licensee shall immediately undertake replacement as per time limit in Table 4A.

 

(3)     If on inspection, the Distribution Licensee finds that the mater is not defective and a replacement is not required, but the consumer is not satisfied with the finding, he may pay Meter Testing Charge and have the meter tested in the Electricity Department/Licensee laboratory in his presence. Alternately, the Distribution Licensee may install a check-meter in the consumer premises to check its accuracy.

 

(4)     The Table 4A below also provides the time limit for replacement of burnt meters. However, during inspection if it is found that the burning is a result of tampering of the meter or attached equipment or if the seal is found broken, action will be taken against the consumer as per rules.

Table 4A

 

 (5)  In case of non-resolution or unsatisfactory resolution of complaints within the timeframe mentioned above, the consumer may lodge a complaint with the Level 2 Officer mentioned in Table 4B below. The office, after investigating the case, shall intimate the consumer, in writing, the reason of delay, within the next working day and take steps to correct the situation in the next 10 days.

Table 4B

 

 

5       Electricity bill related grievances

Incorrect Bill

(1)     In case of errors in the bill, the consumer may register his complaint in Form 1 with Junior Engineer/Assistant Engineer in case of LT connection and Area Manager/Superintending Engineer in case of HT connection. The complaints may be made over the telephone, in person or by post. For all complaints a Complaint Number with date of receipt of complaint will be issued and in case of postal complaints, the receipt shall be issued by the next working day.

 

(2)     The time limit for resolution of above complaints is provided in Table 5A. In such cases where an inspection of the meter is not required, the time limit presented in the Table 5A below shall apply.

Table 5A

 

The check readings taken during redressal of bill related complaints and replacement of meter should be posted correctly in the meter-reading card.

 

The same procedure shall be applicable for the cases of conversion of categories

 

(3)     Non receipt/delayed receipt of bill

           

         The Distribution Licensee shall intimate the consumer of the due date on which he will receive his energy bill and also the due date for payment of his bills. This will normally be the due date for all billing cycles for that consumer. In case the due date falls on a holiday in any month, the next working day shall be the due date for that month.

 

(4)     If a consumer wishes to have his bill sent to him by a mode other than the regular mode adopted by the Distribution Licensee, he might intimate his desire to the Distribution Licensee, who will then ensure that bills are sent to the consumer by that mode. In such cases the additional charges will be borne by the consumer.

 

(5)     In case of non-receipt or delayed receipt of bill, the Consumer/Licensee shall take the following steps:

 

            In case of non-receipt of bill within the due date (of receipt of bill) or 15 days of reading of meter, the consumer may contact the bill issuing office to collect the duplicate  bill and arrange payment before the due date of payment. In case the licensee is not in a position to provide duplicate bill, the consumer shall pay on the basis of past average bill amount. In the event of non-receipt of the bill, the responsibility of the licensee and the consumers are summarized as below:

 

 

(6)     Those consumers who repeatedly experience non-receipt or delayed receipt of bills, may register their complaint of non-receipt/delayed receipt in Form 1 with Junior Engineer/Assistant Engineer in case of LT connection and Area Manager/Superintending Engineer in case of HT connection. Normally, such complaints may be made only after outstanding dues are cleared.

 

(7)     The complaints may be made over the telephone, in person or by post. For all complaints, a Complaint Number will be issued and incase of postal complaints, the receipt shall be issued by the next working day.

 

(8)     In case of non-resolution or unsatisfactory resolution of complaints within the time limit mentioned above, the consumer may lodge a complaint with the Level 2 officers mentioned in Table 5B below. The office, after investigating the case, shall intimate the consumer, in writing, the reason of delay within the next working day and take steps to correct the situation in the next 7 days.

 

 

 

 

 

Table 5B

 

 

6       Disconnection and Reconnection of power supply  

(1)     When a consumer fails in payment of any bill in full, without the approval of the authorized officer, by the due date, the service connection of the consumer will be liable to be disconnected on temporary basis as per section 56 of the Electricity Act 2003 (36 of 2003). Before disconnection of a consumer’s installation, the licensee would serve a separate notice of fifteen clear days. Effort should be made that before disconnecting a domestic connection; an adult member of the family should be informed. If the proof of payment of dues is produced to the satisfaction of the Licensee’s employee deputed for the purpose, the supply shall not be disconnected.

 

(2)     Consumers who suffer disconnections will have the right to appeal for  reconnection as  per  procedure provided in this document.

 

(3)     In case of a disconnection being justified, the security deposit of the consumer will be adjusted to the extent of the consumer’s arrear. In case it is found by the Ombudsman that the disconnection is unjustified, the Licensee may be penalized and compensation may be awarded to the consumer.

 

(4)     Reconnection will be done within the time limit mentioned below as per Table 6A on receipt of due payment.

 

 

 

 

 

 

 

Table 6A

 

 

(5)     In cases of incorrect disconnection and delays in reconnection, the consumer may lodge a complaint in Form I with the office (level 1) of the utility mentioned in the Table 6B below. Complaint may be registered over telephone or in person. In case of non-redressal or unsatisfactory redressal of complaints, the consumer may approach the higher office (level 2) as mentioned in the Table 6B by registering his complaints. The office after investigating the case, shall intimate the consumer in writing the reason of delay within the next working day and take steps to correct the situation in the next 24 hours.

Table 6B

 

7       Delay in providing new connection including enhancement or reduction of load

(1)     All applications for new LT connections shall be received by the Junior Engineer/Assistant Engineer. The Executive Engineer shall receive all applications for the new HT connections and change of load. The application forms shall be available at the offices of the Distribution Licensee or on the website of the licensee.

(2)     The time frame for activities to provide new connection including inspection of premises, information of charges to be paid and execution of the work after payment is provided in the Table 7A below.

 

(3)     Where the distance of the premises where service connection is required is more than 50.0   (fifty) meters away from the existing distribution main, such service connection shall be deemed as requiring the extension of distribution main.

(4)     Within the overall time limit allowed under the Act or fixed by the Commission, the recommended time limit given below for various types of services shall also apply to applications for change of connection point and change of establishment.

Table 7A

 

(5)     In all cases, when the licensee completes the extension work and is ready to give supply, the licensee shall service a notice on the consumer to take power supply within thirty days. If the consumer fails to make arrangements to receive power supply within the notice period, the agreement shall come into force from the day following the end of the notice period, and thereafter the consumer shall be liable to pay any charges due as per the agreement. In the cases, where the consumer is informed about non-feasibility of any of his requisitions the Board/Licensee, the Customer may approach the Commission for necessary action.

 

(6)     In case action is not taken by the utility as per the time limit provided in the table above, the applicant may lodge a complaint in Form 1 with the office (level 1) mentioned below in Table 7B. Complaints may be lodged over telephone or in person. If still no action is taken within 7 working days, the applicant may lodge his complaint with higher office (level 2) as mentioned below. The office, after investigating the case, shall intimate the consumer in writing the reason of delay within the next working day and take steps to correct the situation in the next 7 days.

Table 7B

 

 

(7)     In case the licensee delays in serving new connection (at variance from table 7A), he is liable to pay penalty to the consumer as per the decision of the Commission.

 

8       Other complaints

(1)     In case of complaints of a nature other than those of grievances covered above, for example complaint/information on electricity theft, wastage of energy, misbehavior by Distribution Licensee personnel, irregular entry into consumer’s premises by Distribution Licensee employees into consumer premises, etc those may be registered with the office of the Assistant engineer/Executive Engineer/Superintending Engineer. The complaint may be made by telephone, by post or personally for which a Complaint Number shall be provided. For postal complaints, the receipt shall be dispatched by the next working day. The concerned officer of the Distribution Licensee shall ensure prompt response and action and also ensure non-recurrence.

 

(2)   The time limit for resolution of such a complaint would normally not exceed 15 days and a written reply shall be made along with resolution of the complaint.

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE –II

IMPLEMENTATION STEPS

To ensure that these Guidelines is put in place and action taken accordingly, the following steps will be taken by the Distribution Licensee:

 

(1)     Consumer Grievance Register:

         All information regarding complaints received at the respective office and their redressal shall be maintained in a “Consumer Grievance Register” in the specified format at all Distribution Centers, Division Offices, Circle Offices and Chief Engineers’ Offices and in the office of the forum.

 

 

(2)     Monthly Report:

         The higher officers shall review the above “Consumer Grievance Register” fortnightly and records shall be maintained in a Monthly Report in specified format. The Inspecting Officer shall also review the above register of complaints and follow-up action from time to time. A synopsis of the format, represented circle wise, shall be posted on the websites of the Companies. The progress of the resolution by the Forum shall also be posted on the website of the licensee every month.

 

 

(3)     Complaint Monitoring Cell:

         There shall be separate Complaint Monitoring Cell in the offices of the Executive Engineer, Superintending Engineer, Chief Engineer and the Chief Executive. This cell shall maintain the records of delay in providing service to consumers and monitor actions taken to redress complaints and take remedial action, if necessary.

 

 

(4)     Daily Report :

         Information on the following parameters shall be reported to the Complaint Monitoring Cell in the office of the concerned Chief Engineer and the Chief Executive daily:

 

         Number of problems of interruption of power/fuse-off/fault calls not attended to for more than 24 hours. This should be accompanied with a brief description of the issues involved.

 

         Name of areas where load shedding/scheduled outage continued for more than 24 hours.

 

         Number of cases where unauthorized entry into consumer’s houses were reported.

 

 

 

 

(5)     Reasons for non-redressal of Complaints:

         In case of failure by the notified officer to resolve the complaint to the satisfaction of the consumer within the specified time limit, he shall report the reasons for the failure to the Executive engineer/Superintending Engineer on a monthly basis.

 

(6)     Availability of Forms/Rules:

         The licensee will ensure the availability of the following items at all offices for the convenience of the consumers:

1. Guidelines for Redressal of Consumer Grievance.
2. Various forms for lodging of complaints.
3. Application form for power supply.

         Seniority list for new connections.

1. Electricity Supply Code.
2. Schedule of Miscellaneous Charge.
3. Consumer Rights Statement.
4. Approved Performance Standard.
5. Applicable electricity tariff and surcharges/duties.
6. Display of the names, addresses and telephone numbers of officers on the notice boards.
7. Display of the office timings for bill collection on the notice boards.
8. Display of the time schedule of the power cuts on the notice board.
9. Display of target time-period within which the different types of problems will be resolved by the licensee.

 

 

(7)     Central Complaint Centre:

         The licensee shall establish Central Complaint Centre in due course where consumers should be able to lodge complaint through telephonic conversation or through the Internet. Licensee should make arrangements to acquire a single telephone number for the entire state where consumers can lodge complaint. The Central Complaint Centre will receive all the complaints of the licensee and will provide a token number to the complainant. The Central Complaint Centre shall thereafter initiate steps to process the complaint. The licensee may implement this facility first of all in cities and thereafter extend the same facility to the rural areas.

 

 

(8)     Infrastructure and Training:

         The Distribution Licensee shall ensure that all adequate infrastructure is put in place to handle the complaint redressal mechanism and to ensure that all time limit are adhered to. It shall be the responsibility of the Distribution Licensee to ensure that there are adequate phone lines to take all complaint calls, that the complaint desk is manned at all times, that adequate training on telephone and personal etiquette is undertaken, that all necessary forms/rules/procedures, etc are available at all times and all other necessary steps are taken to ensure that consumers have a good experience in their interaction with the officers/staff.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form – 1

Cost of Form – Re 1/-

Registration of Grievance

At level 1

Grievance No. & Date

__________________

(To be provided by office)

Consumer No.:___________________

1.         Name and address : __________________________________________

            ________________________________________________________________

2.         Telephone No. of complaint:___________________________________

3.         Type of problem (Please tick the type of

            problem applicable) __________________________________________

4.         Brief description of grievance :_____________________________________

           _____________________________________________________________________

_____________________________________________________________________

5.         Any other information : ___________________________________________

_____________________________________________________________________

_____________________________________________

6.         Date of complaint : ___________________         Signature of complainant

-----------------------------------------Tear from here --------------------------------------------

To be retained by consumer

Complaint No. & Date

____________________

(To be provided by office)

Consumer No : ________________

1.         Name of consumer :________________

2.         Brief description of complaint :_______________________________________

            _______________________________________________________________

            _______________________________________________________________

3.         Target date to resolve grievance :_____________________________ (To be provided by office)

 

Signature of staff receiving the application

 

 

Designation & Seal

 

(Please provide your complaint number in any future communication)

 

 

 

Form-2

Cost of Form-Re 1/-

Grievance Registration at Level 2

Grievance No. & Date

________________

(To be provided by office)

 

Consumer No. _______________________

 

1.         Name and address : _____________________________________________

___________________________________________________________________

_____________________________________

 

2.         Telephone No. of complainant : ___________________________________

3.         Name of office (Level 1) where complaint was registered earlier : ________

___________________________________________________________________

___________________________________________________________________

 

4.         Brief description of grievance : ____________________________________

___________________________________________________________________

_________________________________________________

 

5.         Date on which complaint at Level 1 office was registered : ______________

6.         Grievance No. (given by licensee at level 1):__________________________

7.         Please attach copies of communication with level 1 office (Optional):

 

8.         Date :____________________          Signature of complainant

--------------------------------Tear from here --------------------------------------------------

To be retained by Consumer

Complaint No. & Date

__________________

(To be provided by office)

 

Consumer Number : _______________________

1.         Name of consumer :_____________________________

2.         Brief description of complaint : _____________________________________

_____________________________________________________________________

_________________________________________

 

 

Signature of staff receiving the application

 

 

 

Designation and Seal

 

 

 

(Please quote complaint number in future communications)

 

 

 

Form -3

 

Name of office : ________________________

Place : ________________________________

 

 

Complaint Receiving Register

 

P

 

 

 

 

 

 

 

Form -4

Month : _______________

 

Monthly report on complaints received

 

 

 

 

 

 

 

 

Appendix-A

 

APPLICATION TO FORUM FOR REDRESSAL OF GRIEVANCE

 

Date _________________

1.         NAME OF THE CONSUMER __________________________

2.         FULL ADDRESS OF THE CONSUMER __________________

            PIN CODE ___________________

            PHONE NO. _________________

            FAX NO. ____________________

            EMAIL ID ___________________

3.         PARTICULARS OF CONNECTION AND CONSUMER No.

            (Please state nature of connection)

            ___________________________________________________

4.         DISTRIBUTION LICENSEE ___________________________

5.         DETAILS OF THE GRIEVANCE, FACTS GIVING RISE TO THE GRIEVANCE

           

(If space is not sufficient please enclose separate sheet)

 ____________________________________________________

 ____________________________________________________

 ____________________________________________________

 ____________________________________________________

 

6.         DATE OF ORIGINAL INTIMATION OF GRIEVANCE BY THE CONSUMER TO THE DISTRIBUTION LICENSEE (INTERNAL GRIEVANCE, REDRESSAL CELL)

            _____________________________________________________________

 

7.         REMEDY PROVIDED BY THE DISTRIBUTION LICENSEE, IF ANY (If remedy has been provided, please enclose relevant communication from the Distribution Licensee )

 

8.         NATURE OF RELIEF SOUGHT FROM THE FORUM

            _____________________________________________________________

            (Please enclose any proof to support claim, if any )

 

9.         LIST OF DOCUMENTS ENCLOSED

            (Please enclose copies of any relevant documents which support the facts giving rise to the Grievance)

 

 

 

 

Appendix - B

REPRESENTATION BEFORE ELECTRICITY OMBUDSMAN

No. ______of year ________

Date ___________

(TO BE FILLED UP BY OFFICE)

To

The Electricity Ombudsman

(Address )

Dear Sir,

SUB: Please make a mention of the order of the Forum from which a representation to the Electricity Ombudsman is being made.

 

Details of the Grievances are as under:

 

1. NAME OF THE CONSUMER _________________
2. FULL ADDRESS OF THE CONSUMER ______________

         PIN CODE __________________

         PHONE No._________________

         FAX NO. ___________________

         EMAIL ID __________________

3.      NAME AND FULL ADDRSS OF THE DISTRIBUTION LICENSEE, PIN CODE, PHONE NO./FAX NO.___________________________ 

 

4.      NAME AND FULL ADDRESS OF THE FORUM, PIN CODE, PHONE./FAX NO. ____________________

 

5.      PARTICULARS OF CONNECTION AND CONSUMER NO.

         (Please state nature of connection)

 

6.      DATE OF SUBMISSION OF GRIEVANCE BY THE CONSUMER TO THE FORUM _________________________________________

         (Please enclose three copies of the Grievance)

 

7.      SUBJECT MATTER OF THE REPRESENTATION __________________________________________________

 

8.      DETAILS OF THE REPRESENTATION, FACTS GIVING RISE TO THE REPRESENTATION

 

         (If space is not sufficient please enclose separate sheet )

         ______________________________________________________________

         ______________________________________________________________

         ______________________________________________________________

         ______________________________________________________________

 

9.      Whether the consumer has received the final decision of the Forum ?

         (If yes, please enclose ‘three copies’ of the Forum’s order conveying its final decision)

10.    NATURE OF RELIEF SOUGHT FROM THE ELECTRICITY OMBUDSMAN _________________________________________________

            (Please enclose ‘three copies’ of documentary proof, if any, in support of your claim)

 

11.    NATURE AND EXTENT OF MONETARY LOSS, IF ANY, CLAIMED BY THE CONSUMER (IF ANY)BY WAY OF COMPENSATION

         Rs._______________________

         (Please enclose documentary proof, if any, to show that such loss is actual loss caused as a direct consequence of alleged act, omission or commission of the Distribution Licensee)

 

12.    LIST OF DOCUMENTS ENCLOSED

         (Please enclose ‘three copies’ of all the documents which support the facts giving rise to the Representation)

 

13.    DECLARATION

 

(i)      I/We, the consumer /s herein declare that:

 

(a)     the information furnished herein above is true and correct; and

 

(b)     I/We have not concealed or misrepresent any fact stated in herein above and the documents submitted herewith.

 

(ii)     The subject matter of my/our representation has never been brought before the Office of the Electricity Ombudsman by me or by any one of us or by any of the parties concerned with the subject matter to the best of my/our knowledge.

 

(iii)    The subject matter of my/our representation has not been settled through the Office of the Electricity Ombudsman in any previous proceedings.

 

(iv)    The subject matter of the present representation has not been decided by any competent authority/court/arbitrator, and is not pending before any such authority/court/arbitrator.

 

 

Yours faithfully,

 

 

(Signature )

(Consumer’s name in block letter)

 

NOMINATION – (If the consumer wants to nominate his representative to appear and make submissions on his behalf before the Electricity Ombudsman or to the Office of the Electricity Ombudsman, the following declaration should be submitted).

 

I/We the above named consumer hereby nominate Shri/Smt…………………………………….who is not an Advocate and whose address is ……………………………………………………………..as my/our REPRESENTATIVE in the proceedings and confirm that any statement, acceptance or rejection made by him/her shall be binding on me/us. He/She has signed below in my presence.

 

 

 

ACCEPTED

 

 

(Signature of Representative)

 

 

 

(Signature of Consumer)