In exercise of the powers vested in the Commission
under the provisions of sub-sections (5), (6) and (7) of Section 42 read with clauses
(r) and (s) of sub-section (2) of Section 181 of the Electricity Act, 2003 (36
of 2003) (the Act), and in pursuance of the provisions of Electricity Rules,
2005, as amended, the Chhattisgarh State Electricity Regulatory Commission had
notified the regulations namely Chhattisgarh State Electricity Regulatory
Commission (Redressal of grievances of consumers) Regulations, 2007 on 22nd
December, 2007. Forum of Regulators (FOR) constituted under section 166 (2) of
the Act has now prepared and circulated draft of the model regulations for
protection of consumer interest. Considering the difficulties experienced and
the provisions made in the abovesaid draft of model regulations, for the
purpose of bringing improvement in mechanism for redressal of grievances of
consumers, the Commission hereby makes the following regulations providing for
guidelines to the licensees in the State of Chhattisgarh for setting up a
comprehensive system of redressal of consumers' grievances, including setting
up of Forums for Redressal of Grievances, appointment of Electricity Ombudsman
by the Commission, and the procedure to be followed for redressal of grievances
by the Forums and Electricity Ombudsman, and for matters incidental and
ancillary thereto. These regulations shall supersede the earlier regulations on
the subject notified by the Commission on 22th December, 2007. CHAPTER 1 : SHORT
TITLE AND COMMENCEMENT Short Title and Commencement These regulations shall be called the Chhattisgarh
State Electricity Regulatory Commission (Redressal of grievances of consumers)
Regulations, 2011. These regulations shall be applicable to all
distribution licensees in Chhattisgarh in their respective licensed areas. These shall come into force from the date of their
publication in Chhattisgarh Rajpatra. Definition (1)
In these regulations, unless the context otherwise
requires: (a)
"Act" means the Electricity Act, 2003
(No. 36 of 2003) and its amendments; (b)
"Aggrieved person" or "complainant"
means and includes the following who have a grievance or a complaint as defined
in (e) below: (i)
a consumer as defined under clause (15) of section
2 of the Act; (ii)
an applicant for a new electricity connection; (iii)
any association or group of consumers, where the
consumers have common or similar interests; and (iv)
in case of death of a consumer, his legal heir(s)
or representative(s). (c)
"Chairperson" means the Chairperson of
the Forum; (d)
"Commission" means the Chhattisgarh State
Electricity Regulatory Commission constituted under section 82 of the Act. (e)
"Grievance" or "Complaint"
means a grievance or complaint regarding any of the following: (i)
Interruption in power supply; (ii)
voltage related complaints; (iii)
load shedding (unscheduled outage); (iv)
meter reading related complaints; (v)
electricity bill related complaints not relating to
unauthorized use and theft of electricity covered under sections 126 and 135 of
the Act; (vi)
disconnection and reconnection of power supply; (vii)
delay in release of new connection; (viii)
non-achievement of standards of performance as laid
down by the Commission for distribution licensees and payment of compensation
there of; and (ix)
any other grievances relating to damage to
consumer's equipment/ network/premises; requests for reduction/enhancement in
load/ demand; non-payment of interest on security deposit or recovery of
excessive charges for any services; etc. (f)
"Forum" means a forum for redressal of
grievances of consumers', constituted by each licensee in terms of sub-section
(5) of section 42 of the Act. (g)
"Licensee" in these Regulations means a
distribution licensee and shall include Chhattisgarh State Power Distribution
Co. Ltd. (h)
"Ombudsman (Lokpal)" means an authority
appointed or designated by the Commission, under sub-section (6) of Section 42
of the Act. (i)
"Rules" means the Electricity Rues, 2005
as amended from time to time. (2)
Words and expressions used in these regulations but
not defined above shall have the same meaning as in the Act or in the CSERC
(Conduct of Business) Regulations, 2009. CHAPTER 2 : REDRESSAL
OF CONSUMER GRIEVANCES: INSTITUTIONAL MECHANISM CONSUMERS' RIGHTS AND GRIEVANCE REDRESSAL Every consumer of the licensee is entitled to the
most economic and efficient service confirming to the standards laid down by
the Commission in CSERC (Standards of performance in distribution of
electricity) Regulations, 2006 and as amended from time to time. The licensee shall make effective use of
Information Technology (IT) for redressal of consumer grievances. It shall also
set up assistance/call centres at major consumer centres for centralised
receipt and monitoring of redressal of consumer's complaints/grievances and for
general assistance to consumers, with the help of IT. For expeditious resolutions of problems of
complainant if any mechanism is existing within the licensee, other than Forum
established under these regulations, may be retained. Forum for Redressal of Consumers' Grievances
(Forum) Every licensee, shall within six months from the
date of grant of distribution licence, establish, in terms of sub-section 5 of
section 42 of the Act, one or more Forum(s) for redressal of grievances of
consumers in accordance with these regulations, with the approval of the
Commission. The number of Forums, their locations and the area
of their jurisdiction may be decided by the licensee, with the approval of the Commission. Constitution of the Forum, appointment of members,
tenure The Forum shall consist of not more than three
members of which two may be appointed by the licensee and one independent
member may be nominated by the Commission. The members of Forum shall be
persons of experience, ability, integrity and repute. The composition of the
Forum shall be as following: (a)
A maximum of two full-time members may be appointed
by the licensee from out of the following:- (i)
A Senior working/retired officer of the licensee
who possess a degree in Electrical Engineering and have at least 20 years'
experience in the field of distribution of electricity; and (ii)
A working/retired officer of the licensee, having
at least 15 years experience in finance/accounts/legal matters/engineering in
the electricity sector. The Commission shall verify to its satisfaction the
eligibility criteria of the members mentioned (i) and (ii) above. (b)
One independent member to be nominated by the
Commission who may be a representative of consumer association/ Non-Govt.
Organisation actively engaged in consumer advocacy, or a person familiar with
consumer affairs. However, he should not have worked as employee/officer of the
licensee concerned at least two years prior to his nomination. (c)
The member at 10(a) (i) above shall be the
chairperson of the Forum. (a)
The member(s) at 10(a)(i) and 10(a)(ii) above shall
be appointed by the licensee for a period of 2 years which can be extended for
the further period upto two years. These members shall not be replaced during
this period, except with the prior approval of the Commission. However in case
of regular employee of the licensee, he will demit office of Forum from the
date of his superannuation from the service of licensee. The age of any member at the time of appointment
should not be more than 63 years, and can work up to the age of maximum 65
years. The member of Forum at 10(b) may be a part time member and shall be
nominated by the Commission for a period of two years. (b)
The members of the Forum appointed by the licensee
shall not hold any other office, during their tenure in the Forum. (c)
A member may be removed from his office by the
appointing/nominating authority, if (i)
he is adjudged an insolvent; or (ii)
he is convicted of an offence which involves moral
turpitude; or (iii)
he has become physically or mentally incapable of
acting as member; or (iv)
having acquired such financial or other interest
which is likely to affect prejudicially his functioning as a member; or (v)
has abused his position so that his continuance in
office is considered prejudicial to the public interest; or (vi)
has been guilty of misbehaviour, or (vii)
has been negligent to his duties and/or not
attending to the work of the Forum, without any valid reason. (d)
No member of the Forum as at Regulation 10(a) and
10(b) shall be removed from his office on the grounds specified in (iv) to
(vii) of sub clause (c) above, except on the recommendation of the Ombudsman on
an enquiry conducted by him on the request of the licensee and/or on the
direction of the Commission. In case of the member nominated by the Commission
as at Regulation 10(b), the enquiry shall be conducted by the Ombudsman only on
the direction of the Commission. (e)
Any member of the Forum (other than the regular
employee of licensee) may relinquish office by giving in writing to its
employer / nominating authority a notice of not less than one month. On occurrence of any vacancy in the Forum for any
reason, the licensee shall take action to fill up the vacancy within a month of
the date of occurrence of the vacancy. Procedure before the Forum The quorum for meeting of the Forum shall be two,
and each member shall have one vote and in case of equality of votes on any
issue, the chairperson shall have a casting vote. All decisions of the Forum shall, as far as
possible, be unanimous or be on the basis of decision by majority of the
members present. No act or proceeding of the Forum shall be deemed
to be invalid by reason only of some defect in the constitution of the Forum or
by reason of the existence of a vacancy among its members. Process for submission of grievance before Forum Grievances/complaints may be submitted to the Forum
by the aggrieved person(s) either in person or by post. The Forum shall
maintain true and correct record of all complaints received by it. To facilitate the consumers the licensee may
establish a "complaint receiving and redressal centre" at
O&M/city circle level, by nominating an officer as nodal officer. The
complaint/grievances meant for Forum may also be collected at these centres,
and acknowledgment issued to complainant. The complaints/grievances shall be
forwarded by the nodal officer to the respective Forum at least once in a week
i.e. within maximum period of seven days. In the mean time nodal officer also
shall endeavour to resolve the grievance of the consumer by contacting the
respective officer(s) of the utility. The complainant shall have right to
approach Forum directly. A complaint/grievance may be submitted to the Forum
in writing in a plain paper containing the following informations: - (i) Name
and full postal address, telephone/mobile number of aggrieved person, (ii)
centre/office of licensee with which the grievance is related, (iii) type of
electrical connection and connection number, (iv) details of grievance(s), (v)
nature of relief sought (vi) declaration that the complaint is not pending
before any other Commission/ other Forum, court, etc. and (vii) signature of
the aggrieved person. The office of the Forum/complaint receiving and
redressal centre shall issue acknowledgment of the receipt of the
grievance/complaint to the person presenting it in person at the time of
presenting the grievance/complaint, or by post if complaint is received by
post, indicating the receipt number and date of receipt. An acknowledgement
sent by post, shall be sent within two working days. Limitation/precondition for submission of
grievances to Forum In case of billing complaints the Forum may receive
only such complaints, where the disputed amount is more than Rs. 1,000/-
(excluding cases where the disputed amount is due to arithmetical or clerical
errors) in case of HT/LT industrial and non-domestic consumers, and where the
disputed amount is more than Rs. 500/-, (excluding cases where the disputed
amount is due to arithmetical or clerical errors) in case of
domestic/agriculture and agriculture allied consumers. The Forum shall take up all consumer grievances for
redressal except those pertaining to:- (i)
Adjudication of the disputes between the licensees
and generating companies. (ii)
unauthorised use of electricity as defined in section
126 and 127 of the Act; (iii)
offences and penalties under section 135 to 139 and
152 of the Act; and (iv)
accidents and inquiries as specified under section
161 of the Act unless authorised by the State Government by general/special
order. Explanation: Filing of a grievance before a Forum
shall not in any way prejudice the right of a consumer to seek
relief/compensation under section 57 of the Act. The Forum shall not take up cases where proceedings
in respect of the same matter and between the same aggrieved person and the
licensee, are pending before any court, tribunal, Commission, arbitrator or any
other competent authority, or in respect of which a decree or award or a final
order has already been passed by any such court, tribunal, Commission,
arbitrator or authority. Investigation and hearing process by Forum (a)
On receipt of a grievance the Forum should register
it, allot and convey the registration number to the complainant within two
working days of the receipt of the grievance. The Forum should first satisfy
itself if a grievance is prima facie made out. If, it is found that there is a
grievance, which needs to be redressed, it will not reject any application only
on technical grounds. In case it is found that the complaint is frivolous or
prima facie without substance, the Forum shall send a reply to the complainant
indicating reasons for not considering the complaint/grievance within four
working days from the date of receipt of the complaint. The consumer may, however,
be given an opportunity of being heard subsequently, if complainant so desires. (b)
A notice along with a copy of complaint shall be
issued by the Forum within three days of the receipt of the grievance to the
concerned officer of the licensee, asking him to send his point wise reply by a
day not later than fifteen working days from the date of issue of the notice,
as to (i) whether the grievance can be redressed by him and (ii) if it can not
be redressed, the reasons thereof. (c)
The Forum can call the officer concerned of
licensee for discussion in suitable case(s), in order to seek redressal of the
grievance filed before it. In case the matter is settled in discussion, it may
be recorded as a decision and conveyed to the complainant and the licensee. (d)
In case the Forum comes to the conclusion that the
complainant and the concerned officer of the licensee are required to be heard
for redressal of the grievance, it shall call the complainant and the concerned
officer with the details of the case and documents, if any, as may be
necessary. (e)
(i) If the concerned officer of the licensee, on
receipt of a copy of the complaint referred to him under Regulation 23 (b)
above, fails to take any action or submit reply, within the time given by it,
the Forum may proceed to settle the grievance ex-parte on the basis of evidence
brought before it by the aggrieved person. (ii) In case of default in attendance in course of
the proceedings, the Forum may proceed to settle the grievance on the basis of
evidence submitted to it by the aggrieved person and the concerned officer of
the licensee up to that time. (f)
No adjournment shall ordinarily be granted by the
Forum unless sufficient cause is shown and the reasons for grant of adjournment
have been recorded in writing by the Forum; If the aggrieved person fails to
appear on the date of hearing, the Forum may either dismiss the complaint in
default or decide it on merits ex-parte. In case of nonappearance of
representative/official of licensee on the date of hearing the Forum may decide
it on merits ex-parte. (g)
The Forum may allow any association of consumers to
file complaints on behalf of the consumer(s).The Forum may permit a
representative of any consumer association/NGO dealing with consumer issues to
remain present during hearings of any complaint by a consumer. (h)
It is not necessary for the aggrieved
person/complainant to take assistance from an advocate. The complainant can
plead its case itself or can take assistance of any person, which may include
an advocate, or an association/society of which it is a member, or an NGO, for
putting forth its case before the Forum. The complainant can take back its
complaint at any stage of proceedings of case. (i)
The time limit for disposal of a
complaint/redressal of grievance shall be forty five days of its registration.
The Forum shall ensure that the time limit for disposal of a complaint is
adhered to. In case of delay in any case, the Electricity Ombudsman shall be
informed by Forum giving the reasons in detail for the delay. (j)
The Forum may call for any record from the
respondent party or from the Complainant, as is relevant for examination and
disposal of the grievance and both the parties shall be under obligation to
provide such information, document or record as the Forum may call for. Where a
party fails to furnish such information, document or record and the Forum is
satisfied that the party in possession of the record is withholding it
deliberately, it may draw an adverse inference. (k)
The Forum may ask the concerned officer of the
licensee to undertake an inspection or engage a third party to undertake an
inspection, as may be required, for expeditious redressal of the grievance. The
Forum can also engage a third party (other than the licensee) at the instance
and request of the aggrieved person, to undertake inspection and obtain an
independent report. The Forum shall record the reasons for the need for such
third party inspection, which should generally be resorted to rarely and keeping
in view the special circumstances of a case. The expenses of such third party
inspection, except expenses of inspection at the request of the aggrieved
person, shall be borne by the licensee, and to the extent reasonable and
justifiable such expenses shall be allowed in the determination of tariff in
accordance with the relevant Regulations of the Commission. In case, inspection
is taken up at the request of the aggrieved person, the expenses shall be
deposited in advance by him, which may or may not be refunded by the Forum
depending on the complaint being found to be of substance or not. If considered
necessary, the Forum may inspect the electrical installation of consumer or
licensee, and record the findings of such inspections. (l)
The language of the proceedings of the Forum shall
normally be Hindi. (m)
The Forum shall not be bound to follow the
procedure prescribed in the Civil Procedure Code, 1908 (Act 5 of 1908) or the
Indian Evidence Act, 1872 (1 of 1872) in its proceedings. Subject to these
Regulations the Forum may evolve procedures conforming to the principles of
fair play and justice for efficient discharge of its functions. The Forum may consult the higher authorities of the
distribution licensee for settlement of any grievance, if required in any case. Issue of order The order of Forum should be consistent with
provisions of the Act, Rules, Regulations and Codes notified by the Commission
from time to time. It should be ensured that the orders issued by the Forum are
clear, speaking, unambiguous and consistent with the provisions of the Act,
Rules and Regulations and Codes issued by the Commission. On receipt of the comments from the Licensee or
otherwise and after conducting or having such inquiry or local inspection
conducted as the Forum may consider necessary, and after according reasonable
opportunity of hearing to the parties, the Forum shall take a decision by a
majority of votes of the members of the Forum present, and in the event of
equality of votes, the Chairperson shall have the second and casting vote. If, after the completion of the proceedings, the
Forum is satisfied after voting that any of the allegations contained in the
grievance are correct, it shall issue an order to the Distribution Licensee
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 Complainant the undue charges
collected by the licensee. Forum may also direct licensee to pay the interest
at the rate the licensee is required to pay interest to the consumers on the
security deposited by the consumers with the licensee as per the relevant
regulations of the Commission; (c)
any other order, deemed appropriate in the facts
and circumstances of the case. Every proceeding shall be recorded. Decision given
by the Forum shall be a reasoned order and signed by the members conducting the
proceedings. The order may specify the time period within which it is to be
complied by the concerned officer of the licensee. In case, Forum is convinced that the complainant is
entitled for receipt of compensation related to non fulfillment of standards of
performance by the licensee as per the CSERC (Standards of Performance in distribution
of electricity) Regulations, 2006 and its amendment(s)/revision from time to
time then on request of the complainant, the Forum in its order may ask the
distribution licensee to pay suitable compensation to the complainant as per
provision(s) in above Regulations. The Forum shall send the copy of the order to the
aggrieved person, to the concerned officer of the licensee and to the next
higher authority of the officer concerned of the licensee for information. Special provision, Interim order, Review of order The Forum may also issue interim orders on the
request of the aggrieved person, as it considers appropriate, pending final
disposal of the complaint. The Forum may review its order suo motu, at any
time on account of mistake or error apparent on the face of the record and on
the application of any of the parties to the original proceedings within 30
days of the order on the following grounds: (i)
Discovery of new and important matter or evidence
which, after the exercise of due diligence was not within the knowledge of the
person seeking the review or could not be produced by it at the time the order
was made; or (ii)
On account of improper interpretation of provisions
of the Act/Rules or Regulations/Codes notified by the Commission. (iii)
Any other sufficient reason. Duty of licensee to ensure compliance of order(s)
of the Forum The concerned officer of the licensee shall comply
with and implement the orders of the Forum within the period specified therein.
In the absence of any such time limit, considering the nature of the case,
compliance shall be ensured within the period of 30 days. In appropriate cases,
considering the nature of case, the Forum, on the request of the aggrieved
person/licensee may extend the period for compliance of its order up to a
maximum period of 3 months. Non-compliance of the order of the Forum shall be
treated as violation of Regulations of the Commission and shall be liable for
action under section 142 of the Act. The Commission upon information received
from Forum or any complaint regarding non compliance of order (s) of Forum
filed by affected person may proceed under section 142 of the Act. Reporting compliance of order The concerned officer of the licensee shall furnish
compliance report of the order of the Forum within seven days from the date of
compliance, to the Forum, to the complainant and also to his next superior
officer to whom copy of the order was endorsed by the Forum. The Forum shall keep record of the compliance of
its orders and review the same and shall submit report in this regard to
Electricity Ombudsman every month. In case of non-compliance of its orders the
Forum shall take up matter with the higher authorities of the licensee for
compliance. If even after that the order is not complied with, the Forum shall
inform the Commission regarding such non-compliance. The Forum shall submit a quarterly report of
disposal of grievances along with compliance of order to the licensee, the
Ombudsman and the Commission, in the form as may be prescribed by the
Commission. The report should be submitted within 15 days of the close of the
quarter to which it relates. This report will be in addition to the report
required to be sent by the Forum to the Ombudsman/Commission under Regulation
33. The Forum shall also furnish a yearly report
containing a general review of activities of the Forum during the calendar year
to the licensee. Commission and Ombudsman. The report should be submitted
within 30 days of close of the calendar year to which it relates. General The chairperson shall have the general powers of
superintendence and control over the Forum. The Forum shall comply with such general directions
as the Commission may issue from time to time in the interest of more efficient
and effective redressal of grievances. Forum can also approach Commission
regarding interpretation of regulations/codes notified and applicability of
tariff in tariff order(s) issued by the Commission. The licensee shall from time to time give due publicity
about the Forum and its charter through advertisement in widely circulated
local newspapers and in such other manner as it considers appropriate and as
the Commission may direct, from time to time. The names of the members of the
Forum, their addresses and phone numbers shall be displayed prominently at all
the offices of the licensee which has interface with consumers and shall also
be duly published, including on the electricity bills raised on the consumers. The Forum is an institutional mechanism created by
the licensee for redressal of the grievances of its consumers. It is,
therefore, the responsibility of the licensee to empower it and take necessary
measures to make it effective in the interest of its consumers. The licensee shall
ensure that necessary instructions are issued to all concerned officers
sensitising them about the Forum and its functions, and about their duty to
comply with its orders promptly. The licensee shall provide required supporting
staff and appropriate office accommodation to the Forum. The salary or honorarium and other allowances
payable to the members shall be charged to the licensee who shall be
responsible for timely and regular payment. The licensee shall meet all the costs and expenses
of the Forum including the cost of establishment and staff required to assist
the Forum in the discharge of its functions under these regulations. The expenditure on the Forum(s) will be considered
in the revenue requirement of the licensee and will be allowed as a pass
through expense. CHAPTER 3 :
OMBUDSMAN (LOKPAL) Appointment, qualification, tenure of Ombudsman The Commission may, from time to time, appoint or
otherwise designate such person, as it considers appropriate, as Ombudsman
under sub section (6) of Section 42 of the Act read with rule 7 of the Rules. The Commission shall appoint or designate an
Ombudsman for the State of Chhattisgarh. The Ombudsman shall be a person of experience,
ability, integrity and repute. The Ombudsman shall be selected from amongst
persons who have experience and exposure in any of the fields, such as legal
affairs, engineering, industry, administration, management, defence services
and consumer affairs, of not less than 20 years. The age of the person to be
appointed as Ombudsman should not exceed sixty-three years at the time of first
appointment, and can work upto age of maximum 65 years. The Commission shall invite applications through
public advertisement for appointment of the Ombudsman. The Commission shall
form a selection committee for selecting the Ombudsman from all the
applications received. The Ombudsman appointed shall remain in office for
a period of two years from the date he assumes office. The period of
appointment may be extended beyond two years for a period upto two years at the
discretion of the Commission. The Ombudsman may relinquish office by giving in
writing to the Commission a notice of not less than one month. The Ombudsman shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45
of 1860). The Ombudsman may be paid fixed fees or honorarium
as may be decided by the Commission from time to time. Where the Commission is satisfied that in the
public interest, it is necessary to remove a person from the post of Ombudsman,
the Commission may by giving one month's notice or by paying one month's
consolidated fees or honorarium in lieu thereof, remove such person, if such
person: (i)
has been adjudged an insolvent; or (ii)
has been convicted of an offence which involves
moral turpitude; or (iii)
has become physically or mentally incapable of
acting as Ombudsman; or (iv)
has acquired such financial or other interest as is
likely to affect prejudicially his functioning as Ombudsman; or (v)
has so abused his position as to render his
continuance in office prejudicial to the public interest; or (vi)
has been guilty of misbehaviour, or (vii)
has been negligent to his duties and/or not been
attending office, without furnishing any valid reason. Provided that no person shall be removed from
office on any ground specified in clauses (iv),(v),(vi) & (vii) above
unless the Commission has, on an inquiry held by it, concluded that the person
ought to be removed on such ground or grounds. Representation/appeal to the Ombudsman An aggrieved person other than licensee not
satisfied with the order of the Forum may make a representation to the
Ombudsman within a period of forty five days from the date of receipt of such
order. Provided that, the Ombudsman may entertain a
representation after the expiry of the said period of forty five days if he is
satisfied that there is sufficient cause for not filing it within that period. The Ombudsman shall not admit for consideration any
representation if the subject matter of the representation is under
consideration in a proceeding before the Commission, Appellate Tribunal for
Electricity established under section 110 of the Act, or any court of law. If the representation to the Ombudsman concerns
payment of any bill raised by the licensee, it shall not be accepted unless the
person making the representation has deposited with the licensee at least one
third of the amount required to be paid by him in terms of the order of Forum. A representation made to the Ombudsman shall - (a)
be in writing and signed by the person making it, (b)
give the name and address of the aggrieved person,
along with telephone/mobile no., (c)
contain the details of the complaint including copy
of the order of the Forum, and, (d)
contain a declaration to the effect that the
subject matter of the representation is not under consideration in any
proceeding before the Commission/Appellate Tribunal for Electricity or any
court of law. The office of the Ombudsman shall acknowledge
receipt of the representation in the following manner:- (i)
If the representation is delivered personally,
immediately on submission; and (ii)
If the representation is received through post or
courier, within two working days (1)
The Ombudsman may at any time ask an aggrieved
person mailing a representation - (a)
to provide further information or documents; or (b)
to verify all or any part of the representation on
affidavit. Provided further that the Ombudsman shall allow a
reasonable period of time for compliance with the above requirements. (2)
The Ombudsman may permit the aggrieved person to
plead his case himself or take the assistance of any person which may include
an advocate or an association/society of which he is a member, or an NGO for
putting forth his case An aggrieved person may withdraw his representation
at any time by making an application to the Ombudsman in writing for such
withdrawal. The withdrawal shall take effect only when the Ombudsman agrees to
such withdrawal. Promotion of settlement by agreement As soon as practicable to do so, but not later than
one week from the date of receipt of a representation, the Ombudsman shall
serve a notice to the concerned officer of the licensee along with a copy of
the representation. In suitable cases, the Ombudsman may endeavour to
promote a settlement of the grievance through conciliation or mediation and in
doing so, the Ombudsman may follow such procedure, as he considers appropriate. Hearing of representation by Ombudsman After registering the representation, the
Ombudsman, within seven days of registration, shall call for records relating
to the representation from the concerned Forum. The concerned Forum shall send
the entire records within 3 days from the date of receipt of such notice to the
office of the Ombudsman. No adjournment shall ordinarily be granted by the
Ombudsman unless sufficient cause is shown and the reasons for grant of
adjournment have been recorded in writing by the Ombudsman; provided further
that the Ombudsman shall make such orders as to the cost occasioned by the
adjournment to be paid by the defaulting party to the non-defaulting party. Subject to the provisions of the Act and these
Regulations, the Ombudsman's decision whether a representation is fit and
proper for being considered by it or not shall be final. The Ombudsman shall decide the representation, only
after providing the parties an opportunity of being heard. The Ombudsman may require the licensee/aggrieved
person, to furnish such documents, books of accounts information, data and
details as may be required to decide the representation and the
licensee/aggrieved person shall duly comply with such requirements. The Ombudsman may direct the licensee to undertake
an inspection or engage a third party to undertake such inspection with regard
to any grievance, as may be required, for expeditious redressal of the
grievance. The Ombudsman can also engage a third party (other than the
licensee) on the request of the aggrieved person, to undertake inspection with
regard to the complaint and obtain an independent report. This power may be
exercised by the Ombudsman only when the facts and circumstances of the case
merit third party inspection. The Ombudsman shall record the reasons for the
need for such third party inspection, which should generally be resorted to
rarely and keeping in view the special circumstances of a case. The expenses of
such third party inspection except expenses of inspection at the request of the
aggrieved person, shall be borne by the licensee, and to the extent reasonable
and justifiable such expenses shall be allowed in the determination of tariff
in accordance with the relevant Regulations of the Commission. In case of
inspections at the request of the aggrieved person, the expenses shall be
deposited in advance by the person, which may or may not be refunded by the
Ombudsman depending on the complaint being found to be of substance or not. The Ombudsman shall decide the representation
within three months from the date of it's receipt. In the event the
representation is not decided within three months, the Ombudsman shall record
the reasons therefor. The Ombudsman may reject the representation at any
stage, if it appears to him that the representation is- (i)
frivolous, vexatious, malafide; (ii)
without any sufficient cause; or (iii)
not being pursued by the person making the
representation with reasonable diligence. The language of the proceedings of the Ombudsman
shall normally be Hindi. Orders by the Ombudsman In case an agreement is reached and the grievance
is redressed by such agreement between the aggrieved person and the licensee,
the Ombudsman shall make a record of such agreement in the case as his order(s)
and thereafter close the case Where the representation is not settled by mutual
agreement between the person aggrieved and the licensee, the Ombudsman shall
proceed to hear the case and decide the place, the date and the time of such
hearing. The Ombudsman shall decide the representations on
the pleadings of the parties, after providing them an opportunity of being
heard. He shall pass a speaking order, which he considers fair in the light of
the facts and circumstances of the case and principle of natural justice. The
order shall clearly state the nature of relief the complainant is entitled to
as per rule including monetary compensation if any. The order may specify time
period within which it should be complied. The order of Ombudsman should be consistent with
provisions of the Act, rules, regulations and the codes notified by the
Commission from time to time and general orders or directions given by the
Govt. of Chhattisgarh/this Commission in this regard. It should be ensured that
the order(s) issued by the Ombudsman are clear, speaking and unambiguous. In case, Ombudsman is convinced that the
complainant is entitled for receipt of compensation related to non fulfillment
of standards of performance by the licensee as per the CSERC (Standards of
Performance in distribution of electricity) Regulations, 2006 and its
amendment(s)/revision from time to time then the Ombudsman in its order may
direct the distribution licensee to pay suitable compensation to the
complainant as per provision(s) in above Regulations. A copy of the order shall be sent to the aggrieved
person, concerned Forum, the concerned officer of licensee and its next higher
authority. The orders of the Ombudsman shall be final and
binding on the parties. No party can file an appeal before the Commission
against this order. However, the rights of complainant and licensee to file an
appeal in front of the other judicial bodies (including but not limited to
Appellate Tribunal for Electricity, Forums and Commissions established under the
Consumer Protection Act, 1986, High Court, Supreme Court, etc.) shall remain
protected. Special Provision, interim order, review of order On request of complainant, the Ombudsman may issue
such interim order at any stage during disposal of representation as it may
consider necessary. The aggrieved person or the licensee may prefer an
application for review of the order to the Ombudsman, within thirty (30) days
from the date of receipt of the order. The Ombudsman may review his order(s) Suo motu at
any time on account of mistake or error apparent on the face of the record. The
Ombudsman may also review his order(s) on the following grounds on application
of any of the party to original proceedings: (i)
Discovery of new and important matter or evidence
which, after the exercise of due diligence was not within the knowledge of the
person seeking the review or could not be produced by it at the time the order
was made; or (ii)
On account of improper interpretation of provisions
of the Act/Rules or Regulations/Codes notified by the Commission. (iii)
Any other sufficient reason. Responsibility of licensee to ensure compliance
with orders of Ombudsman: The licensee shall comply with and implement the
order of the Ombudsman within the period specified in the order or in the
absence of any such time limit, within a period of 30 days. In appropriate
cases, considering the nature of the case, the Ombudsman, on the request of the
aggrieved person / licensee, can extend the period of compliance of order upto
a maximum period of three months. The licensee shall report compliance to
Ombudsman within seven days of the day the order of Ombudsman was complied
with. Ombudsman will review the compliance of his orders
and compliance of orders of Forums every month and shall report non-compliance
of his orders and orders of Forums, if any, to the Commission. Non-compliance with the orders of the Ombudsman
shall be treated as violation of the provisions of Regulations of the
Commission. The Commission upon information received from the Ombudsman or any
complaint regarding non-compliance of order(s) of Ombudsman filed by the
affected person, may proceed under section 142 of the Act. Submission of report The Ombudsman shall submit to the Commission a
quarterly report on disposal of cases by him. He shall also prepare a report on
six monthly basis about the nature of the grievances of the consumers dealt by
him, the response of the licensees in the redressal of the grievances and the
opinion of the Ombudsman about the licensee's compliance or the standards of
performance as specified by the Commission under Section 57 of the Act during
preceding six months. This report shall be forwarded to the Commission and the
State Government within 15 days of the end of every six months. At the end of every calendar year the Ombudsman
will also prepare a report bringing out the main features of the work done
during the calendar year. The report shall be made available to the Commission
within 30 days of completion of calendar year to which it pertains for
inclusion in the annual report of the Commission prescribed under section 105
of the Act. General The Ombudsman shall exercise general powers of
superintendence and control over his office and shall be responsible for the
conduct of business of the office and shall also perform other functions as may
be specified by the Commission. The expenditure on Ombudsman shall be borne by the
licensees. The Commission will prepare every year the budget for the Ombudsman
in consultation with him. The Commission will indicate the respective share of
expenditure, to be borne by each licensee to be released quarterly in advance. The Ombudsman can also approach Commission
regarding interpretation of regulations/codes/notified, and applicability of
tariff as per tariff order(s) issued by the Commission. Powers to remove difficulties 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 licensee to take suitable action, not being inconsistent with
the Act, which appears to it to be necessary or expedient for the purpose of
removing difficulties. The licensee may seek guidance or clarification
from the Commission for removal of any difficulties that may arise in the
establishment / functioning of the Forum as per these Regulations. Nothing in these Regulations shall bar the
Commission from adopting, in conformity with the provisions of the Act, a
procedure, which is at variance with any of the provisions of these
regulations, if the Commission, in view of the special circumstances of a
matter or class of matters and for reasons to be recorded in writing, considers
it necessary or expedient to do so. Nothing in these Regulations shall, expressly or
impliedly, bar the Commission dealing with any matter or exercising any power
under the Act with regard to redressal of grievances of consumers for which no
regulations have been framed, and the Commission may deal with such matters,
powers and functions in a manner it thinks fit. Nothing contained in these Regulations shall affect
the rights and privileges of the consumer under any other law for the time
being in force, including under the Consumer Protection Act, 1986 (68 of 1986). Power to Amend The Commission may, at any time vary, alter, modify
or amend any provision of these regulations. Repeal and Savings (i)
CSERC (Redressal of Grievances of Consumers)
Regulations, 2007 are hereby repealed and replaced by these Regulations. (ii)
Notwithstanding such repeal, anything done or any
action taken including any order passed or notice issued, any inspection done
or any direction given under the repealed Regulations shall be deemed to have
been done or taken under the corresponding provisions of these Regulations. Note: In case of
any difference in the interpretation or understanding of the provisions of the
Hindi version of these Regulations with those of the English version and in
case of any dispute in this regard, the decision of the Commission shall be
final and binding.THE CHHATTISGARH STATE ELECTRICITY
REGULATORY COMMISSION (REDRESSAL OF GRIEVANCES OF CONSUMERS) REGULATIONS, 2011
PREAMBLE
Regulation – 4.
Regulation
- 44.