DELHI ELECTRICITY REGULATORY COMMISSION (SUPPLY CODE AND PERFORMANCE STANDARDS) REGULATIONS, 2017

PREAMBLE

In exercise of the powers conferred by Section 46, 50 read with Section 57, Section 181 of the Electricity Act, 2003 (Act 36 of 2003) and all other powers enabling it in this behalf and after previous publication, the Delhi Electricity Regulatory Commission hereby makes the following Regulations, namely Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017.

CHAPTER-I GENERAL

Regulation - 1. Short title, extent and commencement:

(1)     These Regulations may be called "Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017".

(2)     These Regulations shall be applicable to all the Distribution Licensees including Deemed Licensees and all consumers in the National Capital Territory of Delhi.

(3)     These Regulations shall come into force from 1.9.2017.

Regulation - 2. Definitions:

In these Regulations, unless the context otherwise requires:-

(1)     "Act" means the Electricity Act, 2003, as amended from time to time;

(2)     "Accredited laboratory" means a laboratory accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL);

(3)     "Agreement" means an agreement, with its grammatical variations and cognate expressions, entered into by a Licensee and/or its predecessors and its consumer including any commercial arrangement for supply of electricity;

(4)     "Apparatus" means electrical apparatus; and includes all machines, fittings, accessories and appliances connected to the Electrical Distribution System;

(5)     "Appellate Authority" means the authority prescribed by Government of National Capital Territory of Delhi under sub-section (1) of Section 127 of the Act;

(6)     "Applicant" means an owner or occupier of any premises who files an application with a Licensee, in accordance with the provisions of the Act, the rules, the regulations and the Order made there under, for purposes such as:

(i)       supply of electricity including temporary connection;

(ii)      increase or reduction in sanctioned load or contract demand;

(iii)     change of category;

(iv)    issues related to billing or change of particulars related to connection;

(v)      disconnection or reconnection of supply;

(vi)    termination of agreement or for other services, etc.

(7)     "Application" means an application complete in all respects in the appropriate format along with all requisite documents;

(8)     "Area of Supply" means the geographic area within which Licensee is, for the time being, authorized by his license to supply electrical energy;

(9)     "Assessing Officer" means an officer of a State Government or Board or Licensee, as the case may be, designated as such by Government of National Capital Territory of Delhi, under Section 126 of the Act;

(10)   "Authorized Officer" means an officer of the Licensee or supplier, as the case may be, designated as Authorized Officer by the Government of National Capital Territory of Delhi under sub-section (2) of Section 135 of the Act;

(11)   "Authority" means the Central Electricity Authority (CEA) as referred to in sub-section (1) of Section 70 of the Act;

(12)   "Average Power Factor" means the ratio of kWh (kilo Watt Hour) to the kVAh (kilo Volt Ampere Hour) registered during a specific period;

(13)   "Bank rate" means the base rate or Marginal Cost of Fund based Lending Rate (MCLR) or any other benchmark rate as notified by the State Bank of India;

(14)   "Bill date" means the date on which the bill is prepared by the distribution Licensee;

(15)   "Billing cycle" or "Billing period" means the period as approved by the Commission for which regular electricity bills are to be prepared by the Licensee for different categories of consumers;

(16)   "Billing demand" means highest of the following:-

(i)       the contract demand or the sanctioned demand wherever contract demand has not been provided in the supply agreement.

(ii)      the maximum demand indicated by the meter during the billing cycle.

(17)   "Calendar year" means the period from the first day of January of a Gregorian calendar year to the thirty first day of December, of the same year;

(18)   "CEA (Measures Relating to Safety and Electric Supply) Regulations, 2010" means the CEA (Measures Relating to Safety and Electric Supply) Regulations, 2010 as amended from time to time and Indian Electricity Rules, 1956 to the extent saved by the Act or any other relevant Regulations/Rules made there under;

(19)   "Commission" means the Delhi Electricity Regulatory Commission as referred to in sub-section (1) of Section 82 of the Act;

(20)   "Consumer" means any person defined as such in the Act;

(21)   "Contract demand" means the demand in kW or kVA (kilo watt or kilo Volt Ampere) as provided in the agreement, which shall not be less than 60% of the sanctioned load and for which the Licensee makes specific commitment to supply subject to the governing terms and conditions;

(22)   "Correct Meter" means a meter, which shall at least have features, accuracy class, standards and specifications as per CEA (Installation and Operation of Meters) Regulations, 2006 as amended from time to time;

(23)   "Day(s)" for any period specified by day(s) means as working days, unless notified otherwise;

(24)   "Developer" means any person who undertakes development of an area (including electrification on their own or through a Licensee) including public land development agencies (like Delhi Development Authority, Municipal Corporation(s) of Delhi, New Delhi Municipal Council, Delhi State Industrial & Infrastructure Development Corporation Ltd., Delhi Urban Shelter Improvement Board, WAKF Board etc.), private developer, private colonizers, builders, Cooperative Group Housing societies, group housing societies, co-operatives, associations etc., within the area of supply of the distribution Licensee including any residential-cum-commercial complex approved by an appropriate authority;

(25)   "Distributing Main" refers to the portion of any main with which a service line is or is intended to be immediately connected;

(26)   "Distribution System" means the system of wires and associated facilities used for distribution/supply of electricity between the delivery points on the transmission lines or the generating station connection and the point of supply;

(27)   "Electrical Inspector" means a person appointed as such by the Government of National Capital Territory of Delhi under sub-section (1) of Section 162 of the Act and also includes the Chief Electrical Inspector;

(28)   "Energy charges" means the charges levied as per the provisions of the Tariff Order issued by the Commission from time to time for energy consumed by the consumer in kWh or kVAh (kilo Watt Hour or kilo Volt Ampere Hour), as the case may be, in any billing cycle or billing period;

(29)   "Electrified Area" means all areas other than those specified as unelectrified areas;

(30)   "Financial year" means the period beginning from the first day of April in a Gregorian calendar year and ending with the thirty first day of March of the next year;

(31)   "Fixed Charges" for a billing cycle or billing period means the charge levied as per the provisions of the Tariff Order issued by the Commission from time to time;

(32)   "Force Majeure" means the occurrence of any event/circumstances which are beyond the control of a Licensee which could not have been reasonably foreseen by the Licensee and which has the effect of preventing/delaying due performance of any obligation by the Licensee;

(33)   "Forum" means the Consumer Grievance Redressal Forum (CGRF) established under sub-section (5) of Section 42 of the Act;

(34)   "Franchisee" means a person authorized by a distribution Licensee to distribute electricity on its behalf in a particular area within his area of supply;

(35)   "Harmonics" means a component of a periodic wave having frequency that is an integral multiple of the fundamental power line frequency of 50 Hz, causing distortion to pure sinusoidal waveform of voltage or current;

(36)   "IEEE Standard" relates to the technical standards issued from time to time by the Institute of Electrical and Electronics Engineers (IEEE), United States of America;

(37)   "Late Payment Surcharge (LPSC)" means the monetary charge levied as per provisions of the Tariff Orders, on a consumer, for the period of delay in payment of its bills beyond due date;

(38)   "Licensed Electrical Contractor (LEC)" means a contractor licensed by the Government of National Capital Territory of Delhi in accordance with the provisions of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 as amended from time to time;

(39)   "Licensee" or "Distribution Licensee" means a person who has been granted a license under Section 14 of the Act to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply and includes a deemed Licensee;

(40)   "Maximum Demand (MD)" means the highest average load measured in kVA or kW at the point of supply of a consumer during a consecutive period of thirty minutes or such other consecutive period as may be notified by the Commission during a billing cycle;

(41)   "Meter" means a correct meter suitable for measuring, indicating and recording consumption of electricity, maximum demand, any other parameter or any other information related with electrical system, as may be specified by the Authority or notified by the Commission and shall include, wherever applicable, other equipment such as Current Transformer (CT), Voltage Transformer (VT) or Capacitor Voltage Transformer (CVT) necessary for such purpose and shall include net meter;

Explanation:- It shall also include any seal or sealing arrangement and other measures/attributes provided by the Licensee for securing reliability and for preventing theft/unauthorised use of electricity.

(42)   "Net meter" means an appropriate meter capable of recording both import & export of electricity or a pair of meters one each for recording the net import and net export of electricity as the case may be;

(43)   "Ombudsman" means electricity Ombudsman as appointed under sub-section (6) of Section 42 of the Act;

(44)   "Premises" means land, building or structure or part or combination thereof which includes immovable properties, in respect of which separate meter has been installed or required to be installed by Licensee for supply of electricity;

(45)   "Point of Supply" means the point at the outgoing terminals of Licensee's meter/up-to consumer's cut-out/switchgear installed in the premises of the consumer:

Provided that in case of high tension and extra high tension consumers, point of supply means the point at the outgoing terminals of the Licensee's metering cubicle placed before such consumer's apparatus;

(46)   "Rural area" means the area covered by gram Panchayats, including major and minor panchayats or the village and areas not notified as urbanised by Government of National Capital Territory of Delhi;

(47)   "Sanctioned load" means the load in kW or kVA (kilo Watt or Kilo Volt Amp) which the Licensee has agreed to supply from time to time as per the governing terms and conditions and shall be subject to relevant orders of the Commission, as may be issued from time to time;

(48)   "Service-line" means any electric supply-line through which electricity is or intended to be, supplied:

(i)       to a single consumer either from a distributing main or immediately from the Licensee's premises; or

(ii)      from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main.

(49)   "Tariff Order" means the Tariff Order issued by the Commission applicable to the relevant period;

(50)   "Theft of electricity" means theft of electricity as per Section 135 of the Act;

(51)   "Urban areas" means all areas other than rural areas;

(52)   "Unauthorized Use of Electricity" means usage of electricity as per Section 126 of the Act;

(53)   "Unelectrified area" shall mean any area or part thereof which does not have any distribution system to cater to the demand for electricity for that area;

Regulation - 3. Interpretations:

(1)     These Regulations shall be interpreted and implemented in a manner not inconsistent with the provisions of the Act and the Rules and Regulations made there under.

(2)     Unless the context otherwise requires, words or expressions occurring in these Regulations and not defined herein but defined in the Act or CEA (Installation and Operation of Meters) Regulations, 2006 or CEA (Measures Relating to Safety and Electric Supply) Regulations, 2010 or Tariff Order, shall bear the same meaning as ascribed therein and in absence thereof, the meaning as commonly understood in the Electricity Supply Industry.

(3)     The forms and formats to be filled as per requirement of these Regulations shall be as notified in the Commission's Orders.

CHAPTER-II SYSTEM, SAFETY, STANDARDS AND CATEGORIZATION OF SUPPLY

Regulation - 4. System of Supply:

(1)     The declared frequency of the alternating current (AC) shall be 50 Hz. The Licensee shall maintain the frequency within the frequency band as may be notified by the Authority from time to time.

(2)     The voltage levels for supply shall be as under:-

(i)       Low Tension (LT)

(a)      Single Phase: 230 volts between phase and neutral.

(b)      Three Phase: 400 volts between phases.

(ii)      High Tension (HT)-Three Phase: 11 kV between phases

(iii)     Extra High Tension (EHT)-Three Phase: 33kV or 66kV between phases.

(3)     The Licensee shall design, install, maintain and operate a distribution system in conjunction with the transmission system.

(4)     The voltage at the point of supply shall remain within the limits as specified hereunder:

(i)       In the case of low tension, + 6%.

(ii)      In the case of high tension, + 6% to-9%.

(iii)     In the case of extra high tension, + 10% to-12.5%.

Regulation - 5. Safety of electrical installations:

(1)     The Licensee and the consumer shall, in every respect, comply with the provisions of the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010, as amended from time to time.

(2)     At the time of testing of installation, if the Licensee's representative finds that there is a defect in the consumer's wiring, the Licensee shall serve a written notice to the consumer to make such modifications as are necessary to render the installation safe.

(3)     The connection shall be energized only on removal of the defects.

Regulation - 6. Classification and Categorization of Supply:

(1)     The classification of supply shall be as notified in the Commission's Orders.

(2)     Categorization of supply to various consumers shall be in accordance with the applicable tariff order of Commission for that period:

Provided that no additional category other than those approved by the Commission shall be created by the Licensee.

Regulation - 7. Wiring in the premises of the consumer:

(1)     The work of wiring at the premises of the consumer shall conform to the standards notified in Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and amendments thereof.

(2)     All multi-storeyed buildings, having a height of more than 15 meters from ground level, shall also comply with Clause 36 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and amendments thereof.

(3)     Wiring shall be tested as per provisions of Clause 31 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and amendments thereof.

(4)     The material used for wiring shall comply with or be superior to the standards laid down by the Bureau of Indian Standards. The consumer shall be solely responsible for the installation of electrical wiring within its premises as per relevant Rules/Regulations.

(5)     All consumers, irrespective of the sanctioned load, shall install a suitable device for earth leakage protection within the time period as may be notified by the Commission:

Provided that no new connection shall be energised, unless a suitable earth leakage protection device has been installed.

Regulation - 8. Harmonics dumping:

(1)     It shall be obligatory for all the consumers to restrict the harmonics dumped by them to the levels as may be notified by the Authority:

Provided that IEEE Standard (STD 519-1992) shall be applicable, till such time the Standards are notified by the Authority.

(2)     If the Licensee detects that the consumer's electrical system is generating harmonics above the permissible limits, the Licensee may require the consumer to take appropriate measures to control harmonics of his installation in accordance with sub regulation (1) above, within six months.

(3)     The Consumer shall inform the Licensee about the measures taken to control harmonics and the Licensee shall inspect within 2 (two) days of getting information, failing which it shall be presumed that the consumer has taken effective measures and have complied with the provisions of this Regulation.

(4)     The Licensee shall inform the consumer about the results of inspection on the spot and if the harmonics are within permissible limits, no further action shall be taken.

(5)     Failure to comply with the permissible limits of Harmonics after inspection as in sub-regulation (3) above may attract penal charges, as may be notified by the Commission from time to time:

Provided that, if after the inspection as in Sub Regulation (3), in the opinion of the Licensee, the high harmonics dumping by a consumer is detrimental to other consumers or to the distribution system, the Licensee may, under intimation to the Commission, disconnect supply of such erring consumer, after giving notice under Regulation 51(1), and as and when the consumer informs the Licensee about any further measures taken to control harmonics, the Licensee shall make re-inspection within 2 (two) days, and if the results of harmonics during such re-inspection are found within the permissible limits, the supply shall be reconnected within 24 hours from the time of such re-inspection.

Regulation - 9. Distribution of electricity through franchisee:

(1)     A Licensee may undertake distribution of electricity in a designated area within its area of supply, through a franchisee as per the provisions of the Act:

Provided that a franchisee appointed by the distribution licensee cannot further sub-appoint a franchisee/sub-franchisee to undertake distribution of electricity.

(2)     Notwithstanding the above, the distribution Licensee shall be solely responsible to the consumer for all matters relating to the distribution of electricity through such franchisee.

(3)     The franchisee shall, on behalf of the Licensee, perform such duties and functions as are assigned to him by the Licensee about distribution of electricity in the designated area.

CHAPTER-III NEW AND EXISTING CONNECTIONS

Regulation - 10. New and Existing Connections:

(1)     General:-

(i)       The Licensee shall upload all the forms and formats prescribed under these Regulations on its website.

(ii)      The Licensee shall make appropriate arrangements for filing and accepting the application by the applicant both in hard copy as well as online.

(iii)     The applicant may file the application either online or in hard copy:

Provided that where the hard copy of application is submitted by hand, the Licensee shall verify the application on the spot and if found in order, acknowledge through dated receipt, and if found deficient, issue a written note regarding shortcomings in the application:

Provided further that where application is sent by registered post or speed post at correct postal address, the deficiency if any, shall be sent to the applicant within 2(two) days of receipt of application through registered post or speed post at correct postal address or on registered mobile number through SMS:

Provided also that where the application is submitted online, a system generated acknowledgement shall be issued forthwith and in case of any deficiency same shall be intimated to the applicant within 2 (two) days of the receipt of the application on registered mobile number through SMS or registered e-mail address, as the case may be.

(iv)    The Licensee shall prominently display consumer related information at its website and all its offices:

Provided that no other document or the charges, which have not been listed, shall be required from the applicant.

(v)      On the request of applicant, an independent electric connection shall be given to the owner/lawful occupant on each floor of the premises.

(vi)    Wherever, one dwelling unit has been sub-divided and separate kitchen as well as separate entry is available, second electric connection may be given to the lawful occupant.

(vii)   The electricity bill shall be only for electricity supply to the premises occupied by the consumer and shall not be treated as having rights or titles over the premises.

(2)     Proof of identity of the applicant:-

Any of the following documents shall be accepted as proof of identity:-

(i)       electoral identity card;

(ii)      passport;

(iii)     driving license;

(iv)    ration card having photograph;

(v)      Aadhar card;

(vi)    PAN card;

(vii)   photo identity card issued by any Government agency;

(viii)  If the applicant is an organization, certificate of incorporation/registration issued by the Registrar and proof of authorization/resolution of Board for authorizing the person.

(3)     Proof of ownership or occupancy of the premises:-

Any of the following documents shall be accepted as the proof of ownership or occupancy of premises:-

(i)       certified copy of title deed;

(ii)      certified copy of registered conveyance deed;

(iii)     General Power of Attorney (GPA);

(iv)    allotment letter/possession letter;

(v)      valid lease agreement along with undertaking that the lease agreement has been signed by the owner or his authorized representative;

(vi)    rent receipt not earlier than 3 (three) months along with undertaking that the rent receipt has been signed by the owner or his authorized representative;

(vii)   mutation certificate issued by a Government body such as Local Revenue Authorities or Municipal Corporation or land owning agencies like DDA/L&DO;

(viii)  sub-division agreement;

(ix)    For bonafide consumers residing in JJ clusters or in other areas with no specific municipal address, the licensee may accept either ration card or electoral identity card mandatorily having the same address as a proof of occupancy of the premises.

(4)     Sub-divided Property:-

(i)       Where property/premises have been legitimately sub-divided, the owner/occupier of the respective portion of such sub-divided property shall be entitled to obtain independent connection in his name.

(ii)      The Licensee shall provide the connection, to the applicant of respective portion of the legitimately sub-divided property, on payment of outstanding dues on pro-rata basis for that portion, based on the area of such sub-division or as mentioned in sub-division agreement, and the Licensee shall not deny connection to such applicant on the ground that dues on the other portion(s) of such premises have not been paid, nor shall the Licensee demand record of last paid bills of other portion(s) from such applicant(s).

(5)     Reconstruction of Existing Property:-

In case of complete demolition and reconstruction of the premises or the building following shall apply:

(i)       Supply of electricity from existing connection shall not be allowed to be used and same shall have to be essentially surrendered by the owner/occupier/developer of the premises.

(ii)      Meter and service line shall be removed, and the agreement shall stand terminated only after realizing all dues payable to the Licensee and thereafter the security deposit of the consumer shall be duly returned by the Licensee as per the Regulations.

(iii)     The owner, occupier, developer of the premises, as the case may be, shall apply for temporary connection and the Licensee shall give such temporary connection subject to Regulation 16:

Provided that temporary connection in all such cases shall be given only after the outstanding dues, if any, for such premises, are fully cleared.

(iv)    Such reconstructed premises or building shall be treated as new premises and the consumer shall be required to apply afresh for a new connection as per these regulations.

(v)      Any new connection to such reconstructed premises shall be given only after the outstanding dues attributed to the premises are duly paid by the applicant:

Provided that in case such reconstructed building is occupied by multiple owners, the treatment for new connection(s) to such multiple owners in the reconstructed building shall be given as if the property is sub-divided as in Regulation 10(4).

(6)     Renovation of the Existing Property:-

Subject to Regulation 10 (5), renovation of the existing property being used by the domestic consumer for their own use shall be considered under domestic category connection on fulfillment of following conditions:

(i)       The consumer shall give advance notice to the Licensee;

(ii)      An undertaking to be given by the consumer to the effect that alteration/addition is as per the prevailing Building Bye-Laws;

Regulation - 11. New Electricity Connection:

The Licensee shall process the application for new connection, within the time frame as specified in these Regulations

(1)     Submission of application along with all documents:-

(i)       The Applicant shall make application for new connection to the Licensee in the form notified in the Commission's Orders:

Provided that a non-refundable registration cum processing fee as notified in the Commission's Orders shall be levied on the applicant applying connection at Extra High Tension or High Tension voltage level.

(ii)      The applicant can also make application for new connection online on the website of Licensee:

Provided that the applications for new connection for 50 kVA and above, unless any other lower value as may be notified by the Commission from time to time, shall be submitted through online system only.

(iii)     If the Applicant wishes to provide his own meter of approved specifications, he shall explicitly inform the same to the Licensee at the time of making the application.

(iv)    The Licensee shall indicate all the deficiencies in the application form to the applicant in one go only and shall not raise any new deficiency subsequently.

(v)      In case the Licensee fails to intimate the applicant about any deficiencies in his application on the spot or within the stipulated 2 (two) days in case of online application, as the case may be, the application shall be deemed to have been accepted by the Licensee on the date of receipt of the application.

(vi)    In case the applicant fails to remove such defects or fails to inform the Licensee about removal of deficiencies within 30 (thirty) days from the date of receipt of intimation of deficiencies, the application shall stand lapsed and the applicant will have to apply afresh.

(vii)   The application shall be considered to be accepted only on removal of deficiencies as indicated under this Regulation.

(2)     Field Inspection:-

(i)       In case the application form is complete, the Licensee shall, at the time of receipt of application form, stipulate a date and time for inspection of applicant's premises in mutual consultation with the applicant, giving a written acknowledgement.

(ii)      The date of inspection shall be scheduled within 2 (two) days from the date of acceptance of the application:

Provided that if the applicant wishes to have a different date and time for field inspection, which is beyond the stipulated date & time, the excess time taken by the applicant shall neither be considered for computation of total time taken for release of connection nor for the purpose of compensation:

Provided further that if the applicant wishes, he can get the inspection scheduled on a holiday for the Licensee, on payment of an inspection fee as notified in the Commission's Orders.

(iii)     The Licensee shall conduct field inspection of the premises in the presence of the applicant or his representative on the appointed date and time.

(iv)    The Licensee shall not sanction the load, if upon inspection, the Licensee finds that;

(a)      the information as furnished in the application is at variance to the actual position, or

(b)      the installation is defective or

(c)      the energisation would be in violation of any provision of the Act, Electricity Rules, Regulations or any other requirement, if so specified or prescribed by the Commission or Authority under any of their Regulations or Orders.

(v)      The Licensee shall give intimation to the applicant on the spot in writing about the defects/deficiencies, if any, observed during the field inspection.

(vi)    The applicant shall ensure that all defects/deficiencies are removed within 30 (thirty) days from receipt of intimation of defects/deficiencies.

(vii)   On receipt of information from the applicant about removal of defects/deficiencies, the Licensee shall intimate the applicant about date for re-inspection of the premises of the applicant which shall not be later than 2 (two) days of receipt of information from the applicant about removal of defects/deficiencies.

(viii)  In case the applicant fails to remove such defects/deficiencies or fails to inform the Licensee about removal of defects/deficiencies within 30 days from the date of receipt of intimation of defects/deficiencies, the application shall stand lapsed and the applicant will have to apply afresh:

Provided that the Licensee may grant additional time to the applicant for completion of works, in case the applicant submits a written request for the same, within 30 (thirty) days from the date of receipt of intimation of defects/deficiencies.

(ix)    In case the Licensee fails to carry out field inspection/re-inspection within 2 (two) days from the date of acceptance of application or from the date of receipt of intimation of removal of site defects/deficiencies, the load applied for connection shall be deemed to have been sanctioned after 2 (two) days from the date of acceptance of the application or the date of receipt of information for removal of defects/deficiencies, as the case may be.

(3)     Load Sanction and Demand Note:-

(i)       Save as otherwise provided in the Act or these Regulations, the Licensee shall sanction the load as requested by the applicant.

(ii)      The Licensee shall raise the demand note to the applicant, within 2 (two) days of the field inspection subject to rectification of defects/deficiencies, for applicable charges, giving its breakup under the heads such as Service Line cum Development (SLD) charges, Security deposit, security towards pre-payment meter, road restoration charges, reconnection charges, etc. after giving due adjustment for the registration cum processing fee collected, if any, at the time of submission of the application:

Provided that in cases where consumer contribution is required for augmentation of network, the demand note shall be raised by the licensee within 10 (ten) days of the field inspection.

(iii)     The applicant shall make payment within 2 (two) days of the receipt of the demand note.

(iv)    In case the applicant finds difficulty in making the payment within 2(two) days, the applicant may request the Licensee, in writing, for an extension of time for a maximum period of 15 (fifteen) days.

(v)      The Licensee shall be under obligation to energise the connection on receipt of full payment against the demand note subject to the condition that the time extended under sub-regulation (iv) above shall not be counted in working out the total time taken for energisation of connection by Licensee nor the consumer shall be entitled to seek any compensation for such extended period.

(4)     Energisation of Connection:-

(i)       Where connection is to be provided from existing distribution system in electrified areas:-

(a)      In cases where road cutting permission or right of way is not required, the Licensee shall energize the connection within 1(one) day from the date of receipt of full payment.

(b)      In cases where road cutting permission or right of way is required, the Licensee shall energize the connection within 9(nine) days from the date of receipt of full payment:

Provided that if delay in road cutting permission or right of way is beyond 2(two) days from the date of submission of request by the distribution licensee, such delay shall not be counted in working out the total time taken for energisation of connection by Licensee nor the consumer shall be entitled to seek any compensation for such period.

(c)      The total time for providing connection from existing distribution system shall not exceed the time schedule specified under these Regulations.

(d)      For the purpose of illustration, the total time taken for release of connection in electrified area from the existing distribution system, where there is no deficiency in the application or during field inspection, shall be as under:

(ii)      Connection where system augmentation is required in electrified areas:-

(a)      The Licensee shall not deny new connection as long as the peak load including the load capacity of the new connection on the applicable distribution transformer falls within and up to 90% of the rated capacity of the transformer.

(b)      The Licensee shall take appropriate action for augmentation of the capacity, as soon as the peak load on the existing applicable distribution transformer(s) reaches about 70% of its rated capacity.

(c)      Subject to sub-clause (a) above, if giving of new connection requires augmentation of distribution system, the Licensee shall inform the applicant about the approximate time frame by which the applied load can be energized. Such time frame shall not exceed the time schedule specified as under:

Provided that the Licensee may approach the Commission for extension of time specified in specific cases, where magnitude of electrification works is such that it requires more time, duly furnishing the details in support of such request for extension.

(iii)     Connection in Un-electrified areas:-

(a)      The licensee shall upload the updated details of un-electrified areas as on 31st March of every year along with the geographical map clearly indicating the boundaries of such areas under its licensed area of supply by the end of April of that year:

Provided that the Licensee for the first time shall upload the details of un-electrified areas as on 31.7.2017 along with the geographical map clearly indicating the boundaries of such areas under its licensed area of supply:

Provided further that the details of un-electrified areas as on 31.7.2017 shall be uploaded by the Licensee on its website by 31.8.2017 and shall remain on its website unless reviewed by the Commission.

(b)      The Licensee shall submit in the Business Plan, details of un-electrified areas under its area of supply and proposal for its electrification during the control period.

(c)      The Licensee shall submit along with the filing of tariff petition, the detailed plan for electrification of these areas duly taking into account the number of pending applications for service connections, potential for load growth etc.

(d)      The Licensee shall ensure that all relevant laws of the land are complied with.

(e)      The Licensee shall complete the electrification of un-electrified areas and release the connection within the time schedule specified as under:

Provided that on request of the licensee, the Commission may allow extension of time for electrification works in specific cases, based on the justification and the details furnished by the Licensee:

Provided further that once electrification of such area is completed, the timelines for energisation of connection shall be in accordance with the provisions of these Regulations for energisation of connection in electrified areas.

(iv)    All connections to be energized using bus-bars:-

(a)      If more than one connection in a premises/complex are energized using a single service line or a cable, all such connections shall be energized using the bus-bars only without looping with other meters.

(b)      Any existing connection, provided through loop connections, energized prior to 18th April, 2007 (date of notification of Delhi Electricity Supply Code and Performance Standards Regulations, 2007), shall be rectified and re-energized using bus-bars within 6 (six) months from the date of applicability of these Regulations.

(c)      The consumer shall have the right to check/verify that the neutral of its meter is connected directly from the bus bar and not in any other manner.

(d)      Subject to Sub-Clause (b) above, if it is found that the consumer's meter is energized through neutral looping and not directly from the bus bar, the Licensee shall be liable to pay compensation as specified in Schedule-I of the Regulations.

(v)      Compensation for delay in energizing connection:-

(a)      In case the Licensee fails to provide the connection to an applicant within the prescribed time lines, the Licensee shall be liable to pay the applicant, compensation as specified in Schedule-I of the Regulations.

(b)      For determination of compensation, the time taken for release of connection shall not be considered on account of the following:-

(i)       If at any stage, additional time period is sought by the applicant for reasons to be recorded in writing; or

(ii)      If the same is on account of reasons such as right of way, acquisition of land, delay in permission for road cutting etc., or occurrence of any force majeure event, over which Licensee has no control and the reasons for the delay are communicated to the applicant within the period specified for energisation; or

(iii)     If additional time is allowed by the Commission for completion of work.

(c)      In case the Licensee fails to provide connection to an applicant after raising a demand note, the Licensee shall pay the applicant, compensation as per Schedule-I of the Regulations:

Provided that the Licensee shall also refund the amount deposited by the applicant against the demand note along with interest as applicable in case of Security Deposit, within 30 (thirty) days from the date load is not sanctioned:

Provided further that if the connection could not be provided after issuance of the demand note for the reasons attributable to the applicant, no compensation shall be payable and the Licensee shall refund the amount deposited by the applicant against the demand note.

(vi)    Electricity Connection based on occupancy as per Regulation 10 (3)(v & vi):-

(a)      The Licensee shall provide the electricity connection to such applicant only through pre-payment meter by charging a refundable security also as notified in the Commission's Orders towards pre-payment meter:

Provided that if the load demanded by the applicant is more than 45kW, the Licensee may provide the connection through post-paid meter:

(b)      The electricity connection shall be valid during the currency of said lease agreement or mutually extended period of lease by the occupier and the owner.

(c)      The Licensee shall disconnect the electricity connection on expiry of lease agreement, unless extended.

(d)      In case the proof of occupancy is rent receipt along with undertaking that the rent receipt is signed by the owner or his authorized representative, the electricity connection shall be disconnected on the request of the owner or his authorized representative:

Provided that notice of at least one month period shall be given by the owner or his authorized representative to the Licensee and the occupier.

(e)      At the time of disconnection, if the pre-payment meter is not defective/damaged, the Licensee shall refund the security collected towards pre-payment meter along with the balance within 7 (seven) days of disconnection through demand draft or electronic clearance system.

Regulation - 12. Single point supply:

(1)     The Licensee shall, if so requested, give single point supply, to the premises with multiple consumers/beneficiaries such as:

(i)       Multi-storey buildings.

(ii)      Residential complex developed by any developer.

(iii)     Residential-cum-commercial complex developed by a developer and approved by an appropriate authority

(iv)    Group Housing Societies

(v)      Commercial or Industrial Complex.

(vi)    Residential Complex constructed by any employer for his employees:

Provided that the provisions of this Regulation shall not in any way affect the right of a person residing/occupying any part/unit in such premises, sold or leased by the developer, to demand supply of electricity directly from the Licensee of the area.

(2)     Supply shall be provided by the developer or registered association to the individual beneficiaries and for common service by installing separate meters.

(3)     The developer or registered association shall collect the charges as per applicable Tariff Order and the cost of energy from individual beneficiaries and shall remit the charges for the entire electricity availed at such single point of supply as per the bill within such time as indicated in the bill.

(4)     The tariff charged from individual beneficiaries shall be as per applicable tariff for relevant category as notified in Tariff Order.

(5)     Providing of connection to individual beneficiaries in such premises with multiple consumers and sharing of expenses of consumption of electricity as per the above provisions shall not be construed as unauthorized extension of supply or resale of energy.

(6)     The maintenance of internal distribution network and providing services to individual beneficiaries shall be the responsibility of the developer or registered association, as the case may be.

(Explanation:-Registered Association means the Residents Welfare Association or any other similar body registered with Registrar, Co-operatives Societies, Delhi/Societies Act, 1860 which deals with the management of various common facilities/services within the complex.)

Regulation - 13. Conversion of single point connection to individual connection:

(1)     The concerned developer or registered association opting for Conversion of Single Point Connection to Individual Connection shall submit to the Licensee, a certified copy of the resolution regarding the surrender of existing Single Point Delivery connection. In such cases, the procedure specified for full conversion at Regulation 14 shall apply.

(2)     In case, applications are received by the Licensee from individual consumers for direct supply of electricity, the Licensee shall undertake a joint survey with the concerned developer or registered association within 15 (fifteen) days of the date of receipt of the first application for direct supply. During the survey, the Licensee shall explore the possibility of additional applicants who may like to opt for direct supply through a written consent for proper planning and to provide the supply.

(3)     In case, after conducting joint survey, it is found that the number of members of the society, opting for direct supply from Licensee is 2/3rd or more of the total number of members of the society, the complete society shall be converted for taking direct supply, and the procedure specified for full conversion at Regulation 14 shall apply.

(4)     In case, after conducting joint survey, it is found that the number of members of the society opting for direct supply is less than 2/3rd of the total number of members of the society, the procedure specified for partial conversion at Regulation 15 shall apply.

(5)     Notwithstanding the above, no further applications for direct supply of power shall be entertained from such members who did not opt for direct supply during the joint survey mentioned as above, for the next 5 (five) years from the date of energisation of other applicants,. This condition shall be clearly mentioned in the survey form.

(6)     The Licensee shall seek and the developer or the registered association, as the case may be, shall provide the list of all the beneficiary members of the single point connection.

(7)     The developer or the registered association shall provide access to the premises to the Licensee or its authorized representatives for the purpose of any activity related to conversion of single point connection into individual connection and other services such as maintenance, inspection of the network, reading of the meters etc.

Regulation - 14. Procedure for full conversion of single point connection into individual connection:

(1)     The concerned developer or registered association shall submit to the Licensee, certified copy of the resolution regarding the surrender of existing Single Point Delivery connection:

Provided that, in case of full conversion based on the result of joint survey under Regulation 13 (3), same shall be deemed to be resolution regarding the surrender of existing Single Point Delivery connection.

(2)     Any connection which has been converted from single point delivery to individual connection, shall not be entitled to revert back to single point connection thereafter.

(3)     All members of the society opting for direct supply shall submit an application for direct supply of electricity individually from the Licensee in accordance with the terms and conditions specified in these Regulations. In case, application is not received from any of the member of the society, the supply to that member shall remain disconnected.

(4)     The concerned developer or registered association shall apply for separate connection for common services. If the concerned developer or registered association has already taken a separate connection for common services, the same connection can be continued.

(5)     The Licensee shall not be required to provide the arrangement for standby supply such as Diesel Generator (DG) set. The developer or registered association shall arrange for separate network for stand by supply such as DG set, if required. Any source of standby supply shall be allowed only beyond the meter/MCB of each applicant with suitable arrangement of changeover switch.

(6)     The Licensee shall inspect the existing distribution system such as transformers, allied equipments, and meters etc. of the society.

(7)     The developer or registered association shall provide the adequate space, if required, at a convenient place for installing the transformers, allied equipments, as may be required, at no cost to the Licensee.

(8)     The Licensee shall enter into an agreement with the developer or registered association for taking over of existing distribution assets without any monetary compensation.

(9)     In order to avoid duplication of the distribution system and as far as possible, the Licensee shall take over the existing distribution system from the concerned developer or registered association, within 60 days of the receipt of the certified copy of the resolution or completion of joint survey, as the case may be, regarding surrender of existing single point delivery connection, without giving any monetary compensation to the developer or registered association, and the distribution system shall, thereafter, be owned, operated and maintained by the Licensee. Handing Over and Taking Over of the equipment shall be properly documented.

(10)   The cost of the existing distribution system taken over by the Licensee shall be deemed to be the notional funding required from developer or registered association under Regulation 21 (1):

Provided that if the value of the assets taken over by Licensee is available in the balance sheet of concerned developer or registered association, the value of such assets may be taken for computation of additional Repair & Maintenance based on the methodology determined by the Commission:

Provided further that if no such data is available, the Licensee may compute the notional value of the taken over assets from concerned developer or registered association based on the cost data book issued by the Commission.

(11)   The Licensee shall start installing their meters which shall be completed within two months of the receipt of the certified copy of the resolution or completion of joint survey, as the case may be, regarding surrender of existing single point delivery connection.

(12)   At the time of installation of meter by the Licensee, the concerned developer or registered association, along with the individual consumer shall note the reading of the old meter as well as the initial reading of the new meter.

(13)   The Licensee shall start its billing from 1st day of the month subsequent to expiry of two months period from taking over of the distribution network. During this period of two months before 1st day of the month, the concerned developer or registered association shall raise the bill based on the respective readings of their meters and the meters installed by the Licensee, as the case may be.

(14)   The Licensee on the day of start of its billing shall jointly record the initial reading of the meter with the concerned developer or registered association and the consumer or his representative.

(15)   The Licensee shall augment the system, if required within four months of receipt of the certified copy of the resolution regarding surrender of existing single point delivery connection and such additional expenditure, including the cost of road fill/restoration, removable of malba, building of new Sub-station etc. within the society, shall be dealt as applicable for any other augmentation scheme:

Provided that the Licensee may approach the Commission for extension of time specified in specific cases, where magnitude of augmentation works is such that it requires more time, duly furnishing the justification in support of such request for extension.

(16)   The Licensee shall refund the security deposit of the surrendered Single Point Delivery connection within three months from the date of taking over the system.

(17)   Each member of the society shall pay required security deposit to the Licensee at the time of conversion.

Regulation - 15. Procedure for partial conversion of single point connection into individual connection:

In case the number of members of the society opting for direct supply from Licensee after conducting joint survey are less than 2/3rd of the total members of the society, the following shall apply:-

(1)     The member(s) opting for direct supply shall obtain the No Objection Certificate from the developer or registered association for taking direct supply from the Licensee.

(2)     Such member(s) shall provide the consent of concerned developer or registered association for providing the adequate space at a convenient place for installing the transformers, allied equipments and meters, if required, at no cost to the Licensee.

(3)     50% cost required for providing connection shall be borne by the applicants in the ratio of the sanctioned load of such applicants.

(4)     Security deposit at the time of conversion shall be payable by the applicant(s).

Regulation - 16. Temporary Connection:

(1)     The Licensee shall give temporary connection for short-term requirements such as marriages, religious functions, construction activities, exhibitions, cultural functions, etc. in places where the distributing main of the Licensee are in existence:

Provided that where the distributing main is not available, the temporary supply shall be given subject to electrification of area under Regulation 11(4) (ii) and 11(4) (iii):

Provided further that temporary connection will be given only in the cases of low tension and high tension categories.

(2)     The applicant shall make request for temporary connection in the format prescribed in the Commission's Orders.

(3)     The Licensee shall inform the applicant for obtaining No Objection Certificate or the permission from concerned authorities such as Electrical Inspector or local authority etc, if required, in providing temporary connection.

(4)     The applicant shall give a declaration, that requisite No Objection Certificate (NOC) or permit, if required for the activity for which connection is applied for, is available:

Provided that in case Licensee comes to know that any permit or NOC is withdrawn by the competent authority after energisation of connection, the supply shall be disconnected forthwith under intimation to the consumer and shall be reconnected only after the permit or NOC is restored.

(5)     The Licensee shall conduct the inspection within 2 (two) days of receipt of application and shall examine the technical feasibility of the connection applied for from their distribution mains and the installation of the applicant.

(6)     In case the connection is not found technically feasible, the Licensee shall intimate to the applicant in writing within 3 (three) days of receipt of application giving reason for the same:

Provided that no connection up to 20 kW shall be rejected only on technical grounds, where three phase distribution network is available, and upto 10kW, where only single phase distribution network is available.

(7)     If it is found in the inspection by the Licensee that there are defects or deficiencies in the installation of the applicant, the Licensee shall intimate the applicant on the spot in writing, under acknowledgment, about the defects or deficiencies in the installation.

(8)     The applicant, after rectification of the defects or deficiencies, shall intimate the fact to the Licensee in writing and the Licensee shall again inspect within 2 (two) days of receipt of intimation of rectification of the defects.

(9)     If the connection is found feasible, the Licensee shall within 3 (three) days of inspection or re-inspection, as the case may be, sanction the load and raise a demand note at the rate notified in the Commission's Orders for the following charges:

(i)       one time non-refundable charge for consumables, non-retrieval of equipment, etc.

(ii)      refundable security towards pre-payment meter

(iii)     Security deposit towards supply of electricity where connection is provided through post-paid meter:

Provided that in such cases the security deposit shall be assessed for a period of twice of the days applied for temporary connection or a period of two months whichever is lower at the applicable tariff, considering the usage of the load for 18 hours in a day.

(10)   The applicant shall make the payment within 2 (two) days of receipt of demand note failing which the sanction shall stand lapsed.

(11)   After receipt of payment of applicable charges, the Licensee shall energise the connection in accordance with the date indicated in the application.

(12)   Temporary connection shall be granted for a period of maximum 1 (one) year at a time, which, if required, may be further extended.

(13)   Temporary connection shall be granted using pre-payment meters only:

Provided that if the load demanded by the applicant is more than 45kW, the Licensee may provide the temporary connection through post-paid meter.

(14)   For extension of the period of temporary connection, the consumer shall apply to the Licensee in writing at least 1 (one) day before the date of expiry of temporary connection.

(15)   The Licensee may grant extension, if possible on receipt of the written request and payment of applicable electricity charges.

(16)   The applicant may get the date of availing temporary connection postponed to a date not later than one month from the date of original sanction, by applying to the Licensee at least 5 (five) days before the originally sanctioned date of commencement of supply. However, no further postponement beyond one month shall be permissible. In case the temporary connection is not availed within such postponed period, the application shall stand cancelled and any payment, towards non-refundable charges shall be forfeited.

(17)   The grant of temporary connection shall not create a right in favour of the applicant for claiming a permanent connection.

(18)   Temporary connection shall be terminated on expiry of period of temporary connection or as extended and the Licensee shall finalize the bill on the basis of energy consumption and refund the balance including the security deposit, if any and security towards pre-payment meter in case pre-payment meter is not defective/damaged, within 7 (seven) days through demand draft or electronic clearance system.

Regulation - 17. Existing connections:

(1)     Transfer of connection

(i)       If any applicant wants transfer of connection due to any reason such as change of consumer's name due to change in ownership or occupancy of property, transfer to legal heir, etc. he shall apply to the Licensee in the prescribed format as notified in the Commission's Orders.

(ii)      Any deficiency in the application shall be intimated in writing. The application shall be accepted only on removal of such deficiencies.

(iii)     The request for transfer of connection shall not be accepted unless all recoverable dues in respect of the concerned connection are fully paid:

Provided that once connection is transferred, no dues/arrears shall be recovered from the new consumer.

(iv)    The change of applicant's name shall be effected within two billing cycles, after acceptance of application or clearing of dues whichever is later.

(v)      If the change of applicant's name is not effected within two billing cycles, the consumer shall be entitled to seek and the Licensee shall be liable to pay the compensation as specified in Schedule-I of the Regulations.

(2)     Load Enhancement on the request of consumer:-

(i)       The applicant shall apply for load enhancement in the format notified in the Commission's Orders.

(ii)      The procedure as laid down in Regulation 11 for release of electricity connection shall be followed.

(iii)     If the effective date of load enhancement falls between the billing cycles, the Licensee shall raise the bill on pro-rata basis during that billing cycle.

(3)     Load Reduction on the request of consumer:-

(i)       The Application for load reduction shall be accepted only after six months from original energisation for connections up to 100 KW, and 1 (one) year from original energisation for connections above 100 KW. Subsequent application for load reduction shall be accepted once in six-months or after lock-in period of 6 (six) months pursuant to Regulation 17(4)(vii), as the case may be.

(ii)      The applicant shall apply for load reduction to the Licensee in the format prescribed in the Commission's Orders.

(iii)     The Licensee, after verification, shall sanction the reduced load within 10 (ten) days from the date of acceptance of such application.

(iv)    The load reduction shall be reflected from next billing cycle.

(v)      If the effective date of load reduction falls between the billing cycles, the Licensee shall raise the bill on pro-rata basis during that billing cycle.

(vi)    The reduction of load shall be limited to the highest of average of any 4 (four) consecutive months maximum demand readings of last 12 (twelve) months.

(vii)   If the load reduction is not sanctioned within the said period, the consumer shall be entitled to seek and the Licensee shall be liable to pay the compensation as specified in Schedule-I of the Regulations.

(4)     Review of sanctioned load/contract demand by the Licensee:-

(i)       For revision of sanctioned load or contract demand as the case may be, the Licensee shall take the highest of average of Maximum Demand readings recorded as per billing cycle covering any four consecutive calendar months in the preceding financial year i.e. from 1st April to 31st March, rounded off to the lower integer as described in the illustration:

Provided that the period for billing cycle shall not exceed the period specified in these Regulations:

Provided further that the minimum sanctioned load shall be 1kW.

Illustration (a):-

Illustration (b):-

Illustration (c):-

(ii)      If the computed revised load pursuant to sub-clause (i) above exceeds the sanctioned load or contract demand as the case may be, the Licensee shall issue a separate notice to the consumer about the proposed increase in sanctioned load or contract demand. The notice shall contain the details of the exact readings in the consecutive billing cycle(s) taken into consideration along with details of enhanced security deposit and the differential Service Line cum Development (SLD) charges in case of change of service line, if any, for such increase in sanctioned load or the contract demand, as the case may be, in accordance with the Act to be deposited by the consumer within 30 (thirty) days from the date of receipt of notice.

(iii)     In case of domestic category consumers, if the computed load pursuant to sub-clause (i) above is less than the sanctioned load or contract demand as the case may be of the consumer, the Licensee shall seek the consent of the consumer for load reduction through a separate notice to the consumer, giving details and information that his maximum demand is less than the sanctioned load or contract demand:

Provided that for domestic category consumers, having the sanctioned load upto 5kW in the last billing cycle of preceding financial year, if no communication is received from them within expiry of 30 (thirty) days from the date of the receipt of notice, the load shall be reduced automatically; and for domestic consumers having sanctioned load more than 5kW in the last billing cycle of preceding financial year, the load shall be reduced only on receipt of consent from the consumer.

(iv)    A separate notice for upward or downward revision of sanctioned load or contract demand as the case may be, shall be issued by 31st May of the financial year. No notice for upward revision shall be issued thereafter during the year.

(v)      In case a notice for downward revision pursuant to sub clause (iv) is not issued by 31st May, the Licensee shall pay compensation to the affected consumer as specified in Schedule-I of the Regulations, without prejudice to the right of consumer to reduce the load which shall be effective as per sub clause (vi) below.

(vi)    The upward or downward revision of sanctioned load or contract demand as the case may be, shall be done once in a financial year and shall be made effective from 1st July of the financial year.

(vii)   If the load is enhanced by the Licensee pursuant to sub-clause (ii), the request for any load reduction shall be entertained only after expiry of 6 (six) months from the date of enhancement of load.

(5)     Change of category on the request of consumer:-

(i)       The applicant shall apply for change of category in the format prescribed in the Commission's Orders.

(ii)      The Licensee shall conduct site inspection to verify within 7 (seven) days from the receipt of application and shall record the meter reading at the time of inspection.

(iii)     If on inspection, the request of the consumer for change of category is found genuine, change of category shall be made effective from the date of inspection and the same shall be reflected in next billing cycle.

(iv)    Arrear or excess charges shall be determined based on the actual period of earlier classification based on documentary evidence provided by the Licensee or the consumer as the case may be, limited to a period of 12 (twelve) months and the account of the consumer shall be suitably adjusted.

(v)      In case change to such category is not permitted under any law in force, the Licensee shall inform the consumer within 7(seven) days from the date of application.

(vi)    If the category is not changed within the said period, the consumer shall be entitled to seek and the Licensee shall be liable to pay the compensation as specified in Schedule-I of the Regulations.

(6)     Suo-motu reclassification of consumer category by the Licensee:-

(i)       If it is found that a consumer has been wrongly classified in a particular category or the purpose of supply as mentioned in the agreement has changed or the consumption of power has exceeded the limit of that category as per the tariff order of the Commission or the category has changed consequent to a revision of tariff order, the Licensee shall suo-motu reclassify the consumer under appropriate category.

(ii)      The consumer shall be informed of the proposed reclassification through a notice with a notice period of 30 (thirty) days to file objections, if any.

(iii)     The Licensee after due consideration of the reply of the consumer, if any, may reclassify the consumer appropriately.

(iv)    Arrear or excess charges shall be determined based on the actual period of wrong classification limited to a period of 12 (twelve) months or a period from the date of last inspection of the installation of the consumer by the Licensee whichever is shorter and the account of the consumer shall be suitably adjusted.

(7)     Conversion from single phase to three phase LT and from LT to HT; and vice-versa:

(i)       All applications for change from single phase to three phase Low Tension and from Low Tension to High Tension; and vice-versa, as the case may be, shall be dealt as per the procedure laid down at Regulation 11.

(ii)      The consumer shall, in case of increase in load, pay the differential security deposit and Service Line-cum-Development charges at the prevailing rates, and the Licensee shall, in case of decrease in load, refund the excess security deposit.

CHAPTER-IV AGREEMENT AND MISCELLANEOUS CHARGES

Regulation - 18. Agreement:

(1)     The application form along with any special clauses added with mutual consent shall be treated as an agreement between the consumer and the Licensee:

Provided that such clause(s) shall not contravene the provisions of the Electricity Act, 2003 and other Rules and Regulations in force.

(2)     A signed copy of the agreement shall be given to the consumer at the time of release of connection and the other copy shall be retained by the Licensee.

Regulation - 19. Termination of Agreement:

(1)     Termination of any Agreement shall be subject to the terms and conditions, including any special conditions of the agreement, entered into between the consumer and the Licensee.

(2)     Save as provided in sub-regulation (1) above and without prejudice to the rights of the Licensee or of the consumer under the Act for recovery/payment of any amount due under the Agreement, the Agreement may be terminated:

(i)       by the Licensee, if the power supply to a consumer remains disconnected for a continuous period of more than 6 (six) months for non-payment of charges or dues or non-compliance of any direction issued under these Regulations, after giving a 15 (fifteen) days notice period to the consumer.

(ii)      by the consumer.

(3)     In all cases of termination of Agreement under sub-regulation (2) (ii), the Licensee shall arrange for special meter reading, at a mutually acceptable date and prepare final bill. Such bill shall be stamped as final bill. The agreement shall be terminated only on payment of final bill.

(4)     On receipt of the payment of the final bill, the Licensee shall issue receipt with 'Final Bill' stamped on it. This receipt shall be treated as 'No dues certificate'.

(5)     On termination of the agreement, the Licensee shall be entitled to remove the service line and other equipment of the Licensee from the premises of the consumer.

(6)     During the period of temporary disconnection, the consumer shall be liable to pay the fixed charges to the Licensee.

(7)     Any application for revival of the connection after permanent disconnection shall be treated as an application for new connection and would be processed only after clearance of all outstanding dues applicable, if any:

{Explanation:-For the purpose of this Regulation, permanent disconnection shall mean, a case of Termination of agreement or where power supply to a consumer remains disconnected for a continuous period of more than 6 (six) months and the Licensee shall be entitled to remove the service line and other equipment of the Licensee from the premises of consumer.

Temporary disconnection shall mean when the premises of a consumer has been disconnected due to non-payment of bills of the Licensee up to a period of 6 (six) months and during period of Temporary Disconnection, the Licensee shall not remove its service line and other equipment upto a period of 6 (six) months}.

Regulation - 20. Security Deposit:

(1)     Applicant/consumer shall pay security deposit towards supply of electricity corresponding to the sanctioned load or contract demand as the case may be, as per the rates and mode notified in the Commission's Orders:

Provided that subject to sub-regulation (5) & (7), if there is no change in the load of the existing consumer, no additional security deposit shall be charged from the consumer:

Provided further that the Licensee shall accept the security deposit in the form of Bank Guarantee issued by any scheduled bank, from the interested applicant having contract demand of 1MVA and above:

Provided also that the consumer shall keep such Bank Guarantee alive throughout the period during which supply of electricity is availed:

Provided also that such existing consumers, if so desire, may furnish security deposit in the form of bank guarantee and the amount of security already deposited shall be adjusted/refunded by the Licensee in 12 equal installments in the bill(s).

(2)     Where pre-payment meters are used to supply power, security deposit for supply of electricity shall not be collected.

(3)     The Licensee shall pay to the consumer interest on the security deposit at the rate and as per the procedure notified in the Commission's Orders:

Provided that no interest shall be paid to the consumer who has furnished security deposit in the form of bank guarantee.

(4)     The interest accrued during the year shall be adjusted in the bill for the first billing cycle of the ensuing financial year.

(5)     In cases of load reduction, the Licensee shall refund the excess security deposit by adjusting the same in energy bill issued in next billing cycle:

{Explanation: The excess security deposit shall be the difference of the security deposit computed based on reduced load corresponding to prevailing rates of security deposit on the date of load reduction and the actual security deposited by the consumer. In case the difference is negative, no additional security deposit shall be taken from the consumer.}

(6)     In case the refund of security deposit is in excess of the energy bill, the security deposit shall be refunded in the next energy bill(s). However, the Licensee shall also adjust the interest accrued on the amount left with Licensee at the interest rate notified for interest on security deposit.

(7)     In case of transfer of connection, the security deposit in the name of preceding consumer shall stand transferred in the name of new applicant:

Provided that if the existing security deposit is less than the security deposit computed based on the load corresponding to prevailing rates of security deposit on the date of transfer of connection, the new applicant shall remit the balance security deposit.

(8)     In case of upward revision of sanctioned load or contract demand of consumer, the consumer shall remit the enhanced security deposit.

{Explanation: The enhanced security deposit shall be the difference of the security deposit computed based on total load after enhancement corresponding to prevailing rates of security deposit on the date of load enhancement and the actual security deposited by the consumer.}

(9)     On termination of the agreement and after settlement of all the dues payable to the Licensee, the Licensee shall refund to the consumer the balance security deposit along with accrued interest up to the date of such termination within 15 (fifteen) days after the settlement of all dues payable to the Licensee through demand draft or electronic clearance system:

Provided that the consumer may opt for settlement of outstanding dues against the security deposit:

Provided further that in case of Bank Guarantee, Bank Guarantee shall be returned to the consumer within 7 (seven) days of payment of final bill.

Regulation - 21. Service-Line-cum Development (SLD):

(1)     Such cases where any area to be developed is sponsored by a developer, the electrification shall be carried out by the Licensee on payment of the applicable cost upto the point of supply by the developer towards EHT system, HT system, LT system, civil work, service line, street lights, road restoration charges, and supervision charges, as specified in the Commission's Orders:

Provided that in case of shifting of equipment, the developer shall pay entire cost to be incurred for such work:

Provided further that the Licensee shall reconcile the amount received from the developer and the cost actually incurred and refund the excess amount, if any, as per procedure specified in Delhi Electricity Regulatory Commission (Terms and Conditions for determination of Tariff) Regulations, 2017.

(2)     In case the area is electrified or to be electrified by the Licensee, the new connection shall be released on payment of applicable cost up to the point of supply towards EHT system, HT system, LT system, civil work, service line, road restoration charges, and supervision charges as specified in the Commission's Orders, by the applicant except those covered under areas developed by a developer under sub-regulation (1) above:

Provided that the service line cum development charges shall neither be charged nor be refunded in case of load reduction:

Provided further that if service line is actually changed in case of enhancement of load, the differential Service Line-cum-Development Charges shall be payable by the consumer based on the prevailing rates for electrified areas or un-electrified areas as the case may be:

{Explanation: The differential Service-Line-cum Development Charges shall be the difference of the Service Line cum Development Charges computed based on total load after enhancement corresponding to prevailing rates of Service Line cum Development Charges and the actual Service Line-cum-Development Charges deposited by the consumer.}

Provided also that service line cum development charges shall not be refundable in case of termination of agreement.

(3)     Road cutting permission and other necessary clearances shall be obtained by the Licensee on behalf of the applicant. The cost of the same shall be charged to the applicant and shall be shown separately in the demand note.

(4)     The service line shall be maintained by the Licensee.

Regulation - 22. Space for installation of grid substation, transformers, service line, meter and other equipment:

(1)     The developer or the applicant applying for supply of electricity from the Licensee shall provide free of charge, the applicable space of requisite dimensions as notified in the Commission's Orders, at a convenient location, as may be mutually agreed between the consumer and the Licensee, for erection and installation of grid substations, transformers, switch gear, meter, equipment, etc.:

Provided that if there is no specific developer in an area and the augmentation of the existing distribution system requires the space for installation of grid substations, transformers, switch gears, etc. to meet out the load demand, the distribution licensee shall approach the Government of National Capital Territory of Delhi, within fifteen days of such requirement, for allotment of space, indicating the probable space available in such areas:

(2)     Except for HT or EHT networks, the Licensee shall have no right to utilize the sub-station in the consumer's premises, without his consent, for the supply of electrical energy to other consumers:

Provided that the utilization of such assets for providing electricity to other consumers shall not in any manner affect the supply to the consumers for which such assets were originally installed.

Regulation - 23. The safe custody of the meter and other equipment of the Licensee:

(1)     It shall be the responsibility of the consumer to keep the meter installed within its premises in safe custody.

(2)     The meter shall, on no account be handled or removed by any person other than a person authorized by the Licensee for this purpose.

(3)     Seals fixed on the meters shall on no account be tampered with, damaged or destroyed.

(4)     The service line and meter shall be deemed to be the property of the Licensee and shall remain under his control so long as they are connected to the distribution system of the Licensee.

Regulation - 24. Procedure for shifting electric line or electrical plant of the Licensee.

(1)     The owner of the land or his successor in interest, who has given right of way for the construction of an existing electric line or electrical plant over, under, along, across, in or upon the said land, may apply for shifting the electric line or electrical plant to any other portion of his land for genuine purposes:

(2)     The application for shifting the electric line or electrical plant shall be submitted to the Licensee.

(3)     On receipt of the application, the Licensee shall inspect the site and assess the technical feasibility of the proposed shifting.

(4)     The request for shifting an electric line or electrical plant shall be granted only if:-

(i)       the proposed shifting is technically feasible. And

(ii)      the owner of the land or his successor in interest gives consent in writing to shift the electric line or electrical plant to any other portion of his land or to any other land owned by him or any alternate right of way to be arranged by him for shifting the electric line and the electrical plant and

(iii)     the owner of the land or his successor in interest shall take necessary permission/approval for road cutting or right of way, if required.

(iv)    the applicant remits the applicable charges required for shifting the electric line or electrical plant.

(5)     The Licensee shall shift the electric line or electrical plant, if the conditions specified in sub-regulation (4) are complied with by the applicant.

(6)     In case of shifting of meter or service line within the premises of the consumer, the procedure specified in the Regulation 25 shall apply.

Regulation - 25. Procedure for shifting of meter or service line within the premises of the consumer:

(1)     The consumer shall apply to the Licensee for shifting the meter within the existing premises or for deviation of existing service line within his property.

(2)     The Licensee shall conduct the site inspection.

(3)     The charges for shifting of meter and service line for the connection on the same premises shall be as notified in the Commission's Orders.

(4)     If shifting requires new service line, the Licensee shall be entitled to levy the Service Line cum Development charges.

(5)     The following time schedule shall be observed for completing the works from the date of payment of expenditure:-

Provided that the above timelines for shifting of LT & HT lines shall be computed after deducting the time taken for obtaining statutory clearances/permission such as road cutting permission, if any.

Regulation - 26. Additional Charges:

The charges for installation, inspection, special meter reading, reconnection etc. shall be charged by the Licensee as notified in the Commission's Orders.

CHAPTER-V METERING, BILLING AND PAYMENT METERING

Regulation - 27. Requirement of meters:

(1)     The Licensee shall not supply electricity without a meter, unless otherwise permitted by the Commission in its Orders or Tariff Orders:

Provided that where the distribution Licensee at its own or through its franchisee requires the supply of electricity without a meter, shall take the prior approval of the Commission.

(2)     The Commission may, from time to time, prescribe meters to comply with any additional features, which shall be published by the Commission and the Licensees on their respective websites.

(3)     All new meters, at the time of procurement, shall have the additional features as may be prescribed and applicable under sub-regulation (2) above, on the date of such procurement.

(4)     The Commission may issue directions for up gradation/replacement of the existing meters so as to make them compliant to sub-regulation (3) above.

(5)     The Licensee shall provide seals or other appropriate devices on the metering equipment to detect any interference and shall maintain a record of all relevant security devices and seals.

(6)     If supply is provided by the Licensee to different categories of consumers in the same premises, separate meters shall be installed for each category of supply.

Regulation - 28. Option of the applicant/consumer to purchase the meter:

(1)     At the time of seeking a new connection, or at the time of replacement of a meter pursuant to Commission's direction, the applicant shall indicate his option in the application form to procure the meter on his own:

Provided that in all such cases where the meter is procured by the applicant, the Licensee shall reimburse the cost of meter to the applicant as per Regulation 36 (5) and in such case, the meter shall become property of the Licensee:

Provided further that, if any consumer elects to provide his own meter at any stage other than at the time of new connection or at the time of replacement of a meter pursuant to Commission's direction, the consumer shall not be entitled to any such reimbursement and in all such cases, the consumer shall be entitled to take back the meter purchased by him as his asset only after it is permanently removed from the system of the Licensee.

(2)     The Licensee shall make available on its website, an updated list of makes and specifications of meters and associated equipment, as approved by the Licensee.

Regulation - 29. Supply and installation of meters and circuit breakers:

(1)     Check meters and stand-by meters shall be installed wherever necessary in accordance with the provisions in the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, as amended from time to time.

(2)     The consumer shall provide a lockable and weather proof compartment or enclosure of a design approved by the Licensee to house the meter and associated equipment including Current Transformer (CT) and Potential Transformer (PT) etc.

(3)     The consumer shall provide suitable and adequate space for installation of the meter, either at entry point or outside the premises, in such a manner that it is always accessible to the Licensee or his representatives without the need of meter reader to get the premises unlocked or opened for this purpose.

(4)     In the case of multi-storey buildings, the meters shall be fixed on the ground floor having proper ventilation and adequate illumination.

(5)     The point of supply and the location for installation of meter and other associated equipment shall be decided in consultation with the consumer so that such locations are easily accessible for their installation, commissioning, inspection, reading, recording and maintenance, with minimal inconvenience or infringement upon privacy to the owner or occupier of the premises or to his business.

(6)     All HT and EHT consumers shall provide independent entry to the meter or metering cubicle.

(7)     The height of meter display and location for permanent connection shall be as per the standards notified by the 'Bureau of Indian Standards (BIS) for testing, evaluation, installation and maintenance of A.C. electricity meters-Code of practice'.

(8)     The Licensee shall install the meter, within the time specified for release of new connection, in the presence of the applicant/consumer or his authorized representative after giving advance notice. The consumer or his representative shall also be entitled to witness the sealing or removing of seals and sign on the sealing certificate.

(9)     At the time of installation of any meter, the Licensee shall record the particulars of the meters in a format (meter particular sheet) approved by the Commission.

(10)   The Licensee shall give, a copy of the meter particular sheet, duly signed by the Licensee and the consumer or their authorized representatives, and retain one such copy as acknowledgment.

(11)   Whenever a new meter is installed, either for a new connection or for replacement, it shall be sealed in the presence of the consumer or his authorized representative.

(12)   The seal, name plates and distinguishing numbers or marks affixed on the said equipment or apparatus shall not in any way be broken, erased or altered by the consumer or his employee or any person acting on his behalf.

(13)   Treatment of meter seals shall be in accordance with the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, as amended from time to time.

(14)   The consumer shall be responsible for safe custody of meter, if the same is installed within the premises of the consumer.

(15)   The consumer shall promptly intimate the Licensee about any fault, accident or abnormality noticed with the meter.

(16)   It shall be the responsibility of the Licensee to maintain the meter and keep it in good working condition at all times.

(17)   In all such cases of permanent connection where the metering unit is installed on any structure such as a pole or a distribution pillar etc., outside the premises of the consumer, the Licensee shall provide a display unit at the premises of the consumer and the responsibility of safe custody of the metering unit shall rest with the Licensee and safe custody of display unit shall rest with the consumer.

Regulation - 30. Reading of meters:

(1)     All meters, including meters for self consumption of electricity by the Licensee shall be read/recorded regularly once in every billing cycle and on special reading occasions.

(2)     The meter shall be read/recorded only by the person duly authorized by the Licensee for this purpose, hereinafter referred to as "meter reader" and the consumer shall extend all facilities to read/record the meter, to the meter reader.

(3)     The Licensee shall issue proper photo identity cards to all staff including the meter reader, who shall carry the same, and show it to the consumer or his authorized representative during the course of meter reading.

(4)     The meter reader may use hand held instruments, meter reading instrument (MRI) or wireless equipment for recording meter readings and for generation of bills on the spot.

(5)     If bills are prepared on the basis of MRI downloads or if meter reading is taken on the basis of remote meter reading and the consumer wishes to have a record of the reading taken, he shall be given such details by the Licensee.

(6)     It shall be the duty of the meter reader, to check and record the condition of light emitting diode (LED)/earth leakage, protective seals on the meter.

(7)     In case the meter reader or any other person duly authorized by the Licensee, observes any visible defect such as LED indicator for earth leakage provided in the electronic meters is found to be 'ON' and/or protective seal on the metering equipment has been broken, display not working, the same shall be informed to the consumer at the earliest, but not later than the next bill:

Provided that if there is earth leakage in the premises, the Licensee shall advise the consumer to get the wiring checked and leakage removed. A written notice shall be issued to the consumer.

(8)     In case the consumer discovers that LED indicator for earth leakage provided in the electronic meters is found to be 'ON' and/or protective seal on the metering equipment has been broken, he shall inform the Licensee about the same:

Provided that if there is earth leakage in the premises, the consumer shall get the wiring checked and leakage removed.

(9)     The Licensee shall, on receiving such intimation or on discovery based on the date of inspection or meter reading that the seal has been broken, replace the seal within three days:

Provided that if the Licensee suspects a case of unauthorised use of electricity or theft of electricity, the matter shall be dealt as per provisions of tampered meter.

(10)   In case, for any reason, to be specifically recorded, the meter is not read/recorded during a billing cycle, the Licensee shall prepare a provisional bill based on the consumption during the corresponding period in the previous year when readings were taken:

Provided that if the consumption during the corresponding period in the previous year is not available, the Licensee shall take average consumption of preceding three billing cycles or the lesser period when readings were taken.

(11)   If the provisional billing continues for more than one consecutive billing cycle, the consumer may refuse to pay the payment until bill is raised by the licensee as per actual meter reading.

(12)   The amount paid as per the provisional bill as prepared in sub-regulation (10) above shall be adjusted against the bill raised on the basis of actual meter reading during subsequent billing cycles:

Provided that in case meter is found to be defective before taking actual meter reading during subsequent billing cycle, the provisional bill raised by the Licensee shall be considered as final bill for that period.

(13)   If the consumer furnishes the meter reading(s) himself, the billing for that billing cycles(s) shall be done based on that/those reading(s) subject to adjustment in next billing cycle:

Provided that the consumer shall send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through e-mail.

(14)   The consumer, if so desire, may request the Licensee to take a special reading, and the Licensee shall arrange the same on chargeable basis, as per the rates prescribed in the Commission's Order. The charges for such special reading shall be included in the consumer's bill.

Regulation - 31. Consequence of making the meter inaccessible for reading:

(1)     If the meter is rendered inaccessible on any meter reading date, the Licensee shall issue a 7 (seven) days prior notice to the consumer, specifying the date and time of the meter reading for the next billing cycle, to keep the meter accessible on such date and the time:

Provided that the consumer may request the Licensee to fix another date and time for such meter reading.

(2)     If meter is not made accessible even on the date specified in the notice or as mutually agreed, the Licensee shall issue a second 7 (seven) days prior notice to the consumer, specifying the date and time of the meter reading for the next billing cycle, to keep the meter accessible on such date and the time.

(3)     If meter is not made accessible even on the date specified in the notice or as mutually agreed, the Licensee shall serve 15 (fifteen) days clear disconnection notice to the consumer:

Provided that the consumer may send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through e-mail.

(4)     If the consumer fails to provide access for the meter reading even during such notice period, the Licensee may disconnect the supply after expiry of the notice period and reconnection of supply shall be effected only after taking the reading and payment of all the dues by the consumer.

(5)     The provisions of the above sub-regulations shall not apply in all such cases where the consumer whose payment is up to date and has given an advance intimation to the Licensee of the inaccessibility of his meter for reading, specifying the reason, and has also deposited fixed charges for such period in advance:

Provided that, in all such cases, as and when the meter is made accessible by the consumer for taking the meter reading, the entire consumption shall be taken as if the consumption was for the period excluding the intimated period of inaccessibility.

Regulation - 32. Testing of meter:

(1)     Periodical Testing of meters by the Licensee:-

(i)       It shall be the responsibility of the Licensee to satisfy itself regarding the accuracy of the meter before it is installed and, if he feels so necessary, shall get them tested in an accredited laboratory.

(ii)      Wherever the consumer opts to procure the meter, the Licensee shall receive it and, if he so desires, get it tested in an accredited laboratory notified by the Commission:

Provided that in the absence of an accredited laboratory notified by the Commission, the meter shall be tested in any accredited laboratory other than that of the Licensee:

Provided further that, subject to fulfillment of conditions and completion of procedural requirements under Regulation 11, in all such cases the meter shall be installed and service connection be given within a maximum of 15 (fifteen) days from the date of receipt of meter.

(iii)     The Licensee shall, at no cost to the consumer, conduct periodical inspection or testing or both and calibration of the meters, as notified in the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, as amended from time to time, at site, and as per the following schedule:

(iv)    Notwithstanding anything contained in sub clause (iii), the Licensee shall arrange the periodical testing of meters in the institutions of public importance such as hospitals, airports, or in the premises of continuous process industries or in the premises where life support systems are installed, only on a mutually agreed date and time and with the minimum interruption of supply.

(v)      Wherever applicable, Current Transformer (CT) and Potential Transformer (PT) and the associated wiring connections shall also be tested along with meters.

(2)     Testing of the meter in case of dispute or on the request of consumer:-

(i)       If a consumer either disputes the result of periodical testing by the Licensee or requests the Licensee for testing of meter, the Licensee shall, arrange testing of the meter, within 15 (fifteen) days of receiving the request:

Provided that the meter shall be tested at site by an accredited laboratory notified by the Commission:

Provided further that in the absence of an accredited laboratory notified by the Commission, the meter shall be tested in any accredited laboratory other than that of the Licensee.

(ii)      If the meter is found to be recording incorrectly or defective or damaged due to technical reasons such as voltage fluctuation or transients or component failure etc., attributable to the Licensee, the testing fee shall not be charged to the consumer:

Provided that, if during such testing, the meter is found to be recording correctly or defective or damaged due to reasons attributable to the consumer, the testing fee as notified in the Commission's Orders shall be charged to the consumer by the Licensee in the subsequent bill:

(iii)     The decision of the accredited laboratory notified by the Commission or accredited laboratory other than that of the Licensee as the case may be, shall be final and binding on the Licensee and the consumer.

(3)     The Licensee shall, give at-least 3 (three) days prior notice to the consumer, intimating the date, time of testing of the meter so that the consumer or his authorized representative, if so desires, can be present during such testing of meter.

(4)     The consumer or his authorized representative, if so present during testing and the representative of the Licensee shall affix signature on the test report issued by the accredited laboratory notified by the Commission or the Licensee's laboratory, as the case may be, as a token of having witnessed the testing.

(5)     The Licensee shall give, a copy of the meter test report, duly signed by the Licensee and the consumer or their authorized representatives, and retain one such copy as acknowledgment.

(6)     The Licensee or accredited laboratory, as the case may be, shall keep record of all such meter tests and submit a report to the Commission whenever required.

(7)     In case, during testing, the meter is found to be inaccurate, revision of bill on the basis of percentage error from the limits of accuracy, at applicable tariff rates, shall be done for a maximum period of 6 (six) months or 50% of the period from the date of installation of the meter prior to date of testing or 50% of the period from date of last testing, whichever is shorter and the excess or deficit charges on account of such revision shall be adjusted in the subsequent bill(s).

(8)     Testing of tampered meter:-

(i)       If the Licensee suspects a case of unauthorised use of electricity and theft of electricity through a tampered meter, the meter shall be tested in an accredited laboratory notified by the Commission for that purpose:

Provided further that in the absence of an accredited laboratory notified by the Commission, the meter shall be tested in any accredited laboratory other than that of the Licensee.

(ii)      The Licensee shall remove the meter from site/consumer's premises and seal it in the presence of the consumer or his representative in a container affixing thereon paper seals which shall be signed by both the parties. In case the consumer refuses to sign the paper seal, the same shall be photographed and videographed.

(iii)     The Licensee shall schedule a date and time for the testing of meters with the accredited laboratory notified by the Commission and shall give at-least 3 (three) days prior notice to the consumer, intimating the date and time of testing so that the consumer or his authorized representative, if so desires, can be present during such testing.

(iv)    The Licensee shall keep the sealed container with the meter under safe and secure custody, and hand over the same to the accredited laboratory notified by the Commission for testing on the scheduled date.

(v)      If at the time of handing over the sealed container with the meter for testing to the accredited laboratory notified by the Commission, it is found that the seal of the container is damaged or tampered or missing, in all such cases the licensee shall replace the meter at its own cost and shall not carry out any further proceedings or actions against the consumer on account of tampering or suspected tampering of the meter.

(vi)    The accredited laboratory notified by the Commission shall test the meter on the scheduled date.

(vii)   If as a result of testing, it is established that:

(a)      the meter was not tampered, the licensee shall replace the meter free of charge, and it shall neither charge any fee for testing, nor initiate any action against the consumer.

(b)      the meter was tampered, the licensee shall initiate action against the consumer, as per the provisions of the Act and applicable regulations for theft of electricity or unauthorized use of electricity, as the case may be, and shall also recover the cost of meter and the testing fee as notified in the Commission's Orders from the consumer.

Regulation - 33. Stolen Meter:

Complaints regarding stolen meters shall be entertained by the Licensee only if they are accompanied by a copy of the First Information Report (FIR) or the acknowledgement of the complaint lodged by the consumer with police and in such cases, the Licensee shall also conduct an inquiry thereto.

Regulation - 34. Replacement of Defective Meters/Burnt Meters/Stolen Meters:

(1)     In the event of suspected defective meter or burnt meter or stolen meter, the Licensee shall restore supply through a new meter within the time period specified under these Regulations:

Provided that, if meter cannot be replaced immediately, the Licensee shall restore the supply without meter within the time period specified under these Regulations after ensuring that necessary preventive action at site is taken to avoid future loss.

(2)     In all such cases, where supply is restored without a meter, the Licensee shall give the same in writing to the consumer or his representative, indicating his full name, ID Card/Employee number with signature:

Provided that pending replacement of the meter, wherever the supply has been restored without a meter by the Licensee, a case of theft of electricity shall not be booked for the period of supply without the meter, and Consumer's complaint for replacement of suspected defective meter or burnt meter or stolen meter, shall be considered sufficient for this purpose.

(3)     The Licensee and the consumer, as the case may be, shall take necessary corrective action to avoid such damage in future.

(4)     If as a result of inspection or testing it is established that the meter has become defective or damaged or burnt due to technical reasons such as voltage fluctuation, transients etc. attributable to the Licensee, the cost of replacement of the meter and/or its associated equipment, as the case may be, shall be borne by the Licensee.

(5)     If it is established that the meter was rendered defective or damaged or burnt due to reasons attributable to the consumer, such as defect in installation of the consumer, connection of unauthorized load etc., by the consumer, the cost of replacement of the meter and/or its associated equipment, as the case may be, shall be borne by the consumer:

Provided that the consumer may provide his own meter and/or associated equipment, as the case may be, to the Licensee.

(6)     In case of stolen meter, the cost of replacement of meter and/or associated equipment, as the case may be, shall be borne by the consumer or the Licensee, whosoever is responsible for safe custody of meter.

{Explanation: Replacement of meter and/or associated equipment shall mean the equipment which is required to be replaced and not the complete arrangement.}

Regulation - 35. Replacement of Meters in Bulk:

(1)     In case where meters are to be replaced in bulk on the direction of the Commission, the Licensee shall issue a public notice in at least four daily newspapers in Hindi, English, Urdu and Punjabi language at least 3 (three) days in advance, indicating the reasons for such replacement.

(2)     The Licensee shall indicate the area wise schedule of dates for replacement of such meters.

Regulation - 36. Cost of Meters:

(1)     The Licensee shall not require in-principle approval of the Commission to procure the meters required for energizing new connection.

(2)     If the meters are required to be replaced on the directions of the Commission, for any reason whatsoever, the Licensee shall take prior approval of the Commission to procure the meters.

(3)     If meters are replaced before its useful life due to any reason attributable to the Licensee such as defect in procured lot, transients in distribution system, wrong booking of cases for unauthorized use or theft of electricity etc., the Licensee shall bear the cost of the meters and shall not be allowed in the Annual Revenue Requirement (ARR).

(4)     If meters are replaced before its useful life due to any reasons attributable to the consumer such as burnt meter, unauthorized use of electricity, theft of electricity etc., the consumer shall bear the cost of the meter as approved by the Commission based on average cost of each type of meter, procured by the Licensee during the preceding financial year.

(5)     If the meters are procured by the applicant/consumer for release of new connection or pursuant to the Commission's directions, the Licensee shall reimburse the cost of meter in the energy bill (s):

Provided that the cost of meters to be reimbursed shall be lower of (i) actual cost of meter procured by the applicant/consumer or (ii) average cost of meter procured by the Licensee, during the preceding financial year.

(6)     The Licensee shall display the cost applicable for different types of meters on its website with detailed computation and intimate the same to the Commission.

Regulation - 37. Adoption of new technologies for metering:

(1)     The Licensee shall prepare a plan for adoption of new technologies in metering such as pre-payment meters, time of the day meters (ToD), smart meters and automatic remote meter reading system through appropriate communication system, etc. and implement the same with the approval of the Commission.

(2)     Such meters shall conform to the technical requirements as notified by the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, as amended from time to time:

Provided that, the Licensee may, after obtaining approval from the Commission, include in the service connection agreement, the necessary special conditions to suit the special metering system:

Provided further that when pre-payment meters are used to supply power, security for electricity charge shall not be collected and that the consumers shall be eligible for a rebate as approved by the Commission for making the pre-payment.

BILLING

Regulation - 38. General:

(1)     Save and except as provided under Regulation 30, the Licensee shall prepare the bill for every billing cycle based on actual meter readings including the meters installed on the premises of Licensee for self consumption and the bill shall be delivered to the consumer:

Provided that in case of energisation of new connection or replacement of meter, no provisional bill shall be issued for first two billing cycles.

(2)     The Licensee shall raise the bill for all categories of consumers as per the billing cycle, unless there is specific agreement between the Licensee and the consumer for generation of bills for a different period and shall contain all the details notified in the Commission's Orders:

Provided that if there is no specific agreement between the Licensee and the consumer, the billing cycle shall be for minimum 30 (thirty) days and maximum 35 (thirty five) days.

Provided further that in case of new connection, billing cycle shall refer to the period from the date of energisation of connection to last day of that billing cycle and in case of disconnection, billing cycle shall refer to the period from the first day of the billing cycle of disconnection to the date of disconnection.

(3)     The Licensee shall upload the details of the billing cycle district wise/division wise on its website.

(4)     The Licensee shall upload the bill on its website on the day of bill generation and inform the consumer about issuance of the bill and its payment due date via SMS or email, as the case may be.

(5)     The consumer shall have an option to receive the bill either in hard copy or through electronic mode such as e-mail. The consumer opting for receiving bill through electronic mode shall register for the same:

Provided that the distribution licensee shall deliver the bill both in hard copy and in electronic mode such as email for a consecutive period of 3 (three) billing cycles from the date of registration by the consumer:

Provided further that after a consecutive period of 3 (three) billing cycles, the Licensee may stop the delivery of hard copy of the bill.

(6)     There shall be a gap of clear 15 (fifteen) days between the date of bill generation and due date for payment of the bill:

(7)     The billing details of last 12 (twelve) months along with payment receipt details for all consumers shall be made available by the Licensee on its website.

(8)     Save and except as provided under Regulation 30, in case if a bill is raised by the Licensee for a consecutive period of more than one billing cycle at a stretch:

(i)       The consumer shall be entitled to make the payment in equal monthly installments based on the number of billing cycles for which bill is raised. This shall be clearly stated in the bill.

(ii)      No late payment surcharge shall be levied on such bills, including the installments thereof.

(9)     In case of non-receipt of original bill, the consumer shall be entitled to get a duplicate copy of the bill from the office of the Licensee without any cost. However, any subsequent copy of the same bill may be obtained by the consumer on payment of a fee as notified in the Commission's Orders.

(10)   In case of pre-paid metering, the Licensee shall issue a statement on monthly basis to the consumer within 15 (fifteen) days of the end of the month.

(11)   In case of pre-paid metering, the Licensee shall pay a rebate to the consumer as notified in the applicable Tariff Order.

Regulation - 39. Billing in case of defective or damaged meter:

(1)     The consumer shall be billed on the basis of actual average consumption recorded during the corresponding period in the preceding year, excluding the provisional billing:

Provided that if actual consumption recorded during the corresponding period in the preceding year is either not available or partially available, the actual average consumption of past 6 (six) billing cycles immediately preceding the date of meter being detected or reported defective, excluding the provisional billing, shall be used for billing purpose:

Provided further that if the actual average consumption of past 6 (six) months is either not available or partially available, the average consumption for the next 3 (three) billing cycles excluding provisional billing after the installation of new meter shall be used for billing purpose.

(2)     Charges based on the average consumption as per sub-regulation (1), shall be levied for the period of installation of meter or 50% of the period from the date of last testing till the date when the meter was replaced, whichever is less:

Provided that the maximum period for the charges shall not exceed 6 (six) months.

Provided further that the amount already paid by the consumer, for the period meter remained defective or damaged, shall be adjusted in this bill.

(3)     The above sub-regulations shall not be applicable in the case of a tampered meter for which appropriate action under the provisions of the Act shall be initiated by the Licensee.

Regulation - 40. Billing in case of burnt meter:

(1)     The electricity charges for the period for which meter was not read, shall be billed on the basis of actual average consumption recorded during the corresponding period in the preceding year, excluding the provisional billing:

Provided that if actual consumption recorded during the corresponding period in the preceding year is either not available or partially available, the actual average consumption of past 6 (six) billing cycles immediately preceding the date of meter being detected or reported defective, excluding the provisional billing, shall be used for billing purpose:

Provided further that if the actual average consumption of past 6 (six) months is either not available or partially available, the average consumption for the next 3 (three) billing cycles excluding provisional billing after the installation of new meter shall be used for billing purpose.

(2)     The above sub-regulation shall not be applicable in the case of a burnt meter due to tampering or unauthorized abstraction of electricity, for which appropriate action under the provisions of the Act shall be initiated by the Licensee.

Regulation - 41. Billing in case of stolen meter:

The electricity charges for the period for which meter was not read, shall be billed on the basis of actual average consumption recorded during the corresponding period in the preceding year, excluding the provisional billing:

Provided that if actual consumption recorded during the corresponding period in the preceding year is either not available or partially available, the actual average consumption of past 6 (six) billing cycles immediately preceding the date of meter being detected or reported defective, excluding the provisional billing, shall be used for billing purpose:

Provided further that if the actual average consumption of past 6 (six) months is either not available or partially available, the average consumption for the next 3 (three) billing cycles excluding provisional billing after the installation of new meter shall be used for billing purpose.

Regulation - 42. Recovery of Arrears:

(1)     The Licensee shall indicate all outstanding amounts whatsoever on account of demand note, assessment bills, interest or Late Payment Surcharge, as the case may be, till the date of bill raised etc. separately as arrear in the regular bill.

(2)     If a demand is raised on the consumer through a separate demand note, assessment bills etc. and the same remains unpaid, shall be included in the regular bill within next two billing cycles and the same shall be continued to be reflected in each bill unless paid.

Provided that if the outstanding dues are not reflected continuously as recoverable in the bill, the Licensee shall forfeit its right to claim or recover the outstanding dues.

(3)     The Licensee shall be entitled to recover arrears of charges or any other amount due from the consumer along with interest or Late Payment Surcharge, as the case may be, at the rates applicable for delayed payments from the date on which such payments became due.

(4)     Subject to Section 56 (2) of the Act, if the consumer fails to remit the amount of arrears with interest or Late Payment Surcharge, as the case may be, by the due date indicated in the bill or in the demand notice, the Licensee may disconnect the supply of electricity after giving notice and initiate proceedings for the recovery of the arrears in accordance with the relevant legal provisions.

PAYMENT

Regulation - 43. Payment on self assessment by the consumer:

(1)     In case of non-receipt of bill, the consumer may deposit self assessed bill, for the period for which bill has not been received:

Provided that such self assessed electricity charges shall not be less than the charge based on last billing cycle.

(2)     The payment so made by the consumer shall be adjusted in the next bill.

Regulation - 44. Advance payment of anticipated bills by consumer:

If a consumer intends to make advance payment of bills, the Licensee shall accept the same and the amount so paid shall be adjusted towards energy and other charges in the subsequent bill(s).

Regulation - 45. Disputed bills:

(1)     Subject to rights of the consumer under Regulation 72, any complaint with regard to the accuracy of the bill shall be made by the consumer in writing to the officer designated by the Licensee to issue the bill:

Provided that pending resolution of the complaint, the consumer shall pay the amount based on average consumption of last 3 (three) consecutive undisputed bills:

Provided further that the amount so recovered shall be subject to final adjustment or resolution of complaint.

(2)     On a complaint by any consumer regarding the correctness of a bill, the designated officer of the Licensee shall immediately carry out a review:

Provided that if any additional information is required from the consumer, the same shall be obtained.

(3)     If the review establishes that the bill is incorrect, the designated officer of the Licensee shall issue a revised bill with all necessary particulars, within 7(seven) days of receipt of complaint or additional information under sub-regulation (2), whichever is later, and appropriately adjust the account of the consumer:

Provided that if the incorrect bill is issued for a second time in a financial year, the consumer shall be entitled to seek and the Licensee shall be liable to pay compensation to the affected consumer as specified in Schedule-I of the Regulations.

(4)     The consumer shall be given clear 15 (fifteen) days time for payment of the amount as per the corrected bill and he shall not be charged any late payment surcharge if the payment is made on or before the revised due date.

(5)     If the complaint was found to be incorrect, the consumer shall immediately be notified and directed to make the balance payment as per the original bill, within 7 (seven) days of such intimation or the due date as per the original bill, whichever is later, failing which the consumer shall be liable to pay late payment surcharge on the balance amount if the payment is made after such due date of payment.

Regulation - 46. Payment of bills and charges for delayed payments:

(1)     The consumer shall pay to the Licensee the full amount of the bill on or before the due date indicated therein, for which the Licensee shall issue a receipt.

(2)     Subject to Regulation 45 (5), if the consumer fails to remit the bill amount on or before the due date, the Licensee shall be entitled to recover Late Payment Surcharge on the outstanding amount of the bill at the rates notified by the Commission in applicable Tariff Order.

(3)     The Late Payment Surcharge shall be charged proportional to the number of days of delay in receiving payment from consumers by the distribution Licensees. Any adjustment on account of Late Payment Surcharge shall be done in the next bill.

(4)     If the consumer fails to remit the amount within due date, the Licensee may disconnect the supply in accordance with the procedure specified in the Regulations.

Provided that the licensee may permit the consumer to remit the amount of the bill with Late Payment Surcharge as specified in the sub-regulation (2) above within an extended period of thirty days from the due date specified in the bill.

(5)     Mode of Payment:-

(i)       The consumer shall pay the amount of the bill in accordance with any mode of payment as notified by the Commission in its Tariff Order.

(ii)      The Licensee shall make suitable arrangements so as to enable the consumer to make payment of bills by cheque or demand draft at any of the designated collection offices by post or courier, depositing them in the drop boxes to be maintained by the Licensee at designated locations, designated banks etc. and through bank transfer, on-line payment, debit card, credit card and 'anywhere payment system' etc.

(6)     The Licensee shall establish sufficient number of collection centers, including mobile collection centers, at suitable locations with necessary facilities and provide as far as possible, separate collection counters for senior citizens, women and differently abled persons.

(7)     The Licensee shall make necessary arrangements for installing drop box accepting cheque machine.

(8)     Where the due date indicated for payment of the bill falls on a Sunday or a public holiday, the payment shall be accepted on the next working day, without any late payment surcharge.

Regulation - 47. Receipt for the payment of the bill:

(1)     The Licensee shall give Receipt to the consumer for every payment of bill.

(2)     Any payment received in cash shall be credited to the account of the consumer on the date of such receipt.

(3)     In case of payment of the bill by money order, demand draft or by cheque at designated collection offices, the Licensee shall give credit to the account of the consumer on and from the date of its receipt:

Provided that if the cheque issued by the consumer is dishonoured on presentation for collection, the consumer shall be entitled to make payment through fresh cheque and the Licensee shall give credit to the account of the consumer on the date of its realization:

Provided further that for each case of dishonoured cheque, the Licensee shall without prejudice to the right of the Licensee to initiate a case under Negotiable Instrument Act, 1881 and such other laws, charge a sum as notified in the Commission's Order from the consumer:

Provided also that, if a payment by the consumer through cheque gets dishonoured for the second time in a consecutive period of twelve months, the payment for next six billing cycles, shall be received only by Demand Draft or electronic mode.

(4)     In the case of payment by on-line transfer through bank or by on-line payment using credit card or debit card or by remittance by bank on the standing instruction of the consumer or by any such electronic clearing service, the amount received by the Licensee shall be credited to the account of the consumer on the very same day of such receipt.

(5)     In all cases, including the payment in person, the payments shall be acknowledged in the next bill.

Regulation - 48. Appropriation of the amount received:

All payments made by the consumer shall be adjusted in the following order of priority:-

(1)     Arrears of electricity charges and corresponding arrears of electricity duty/tax.

(2)     Current electricity charges and corresponding current electricity duty/tax.

(3)     Miscellaneous charges.

(4)     Late payment surcharge.

Regulation - 49. Installment facility and incentive for early payment:

The Licensee may, with prior approval of the Commission, formulate and implement a scheme including installment facility, incentive for early payment, payment through electronic mode etc. for payment of bills by the consumers.

CHAPTER-VI DISCONNECTION AND RECONNECTION

Regulation - 50. Grounds for disconnection:

The Licensee shall not disconnect the supply of electricity to any consumer except on any one or more of the following grounds:-

(1)     If the consumer defaults in payment of the dues payable to the Licensee within the period stipulated in the notice.

(2)     If the consumer is found to have indulged in theft of electricity.

(3)     If the consumer refuses to allow a licensee or any person duly authorized by the licensee to enter his premises or land in pursuance of the provisions of sub-section (1) or sub-section (2) of Section 163 of the Act.

(4)     If the Licensee is entitled to do so under an agreement with the consumer.

(5)     Failure of consumer to comply for taking effective steps for generating harmonics within permissible limits as per Regulation 8.

(6)     Failure of consumer to make meter accessible as per Regulation 31.

(7)     If the Licensee is mandated to do so by an order of a legal authority, competent to issue such a mandate.

(8)     If the supply of electricity to the consumer is liable to be disconnected as per any of the provisions of the Regulations.

Regulation - 51. Procedure for Disconnection:

(1)     Save as provided otherwise in these Regulations, the Licensee shall not disconnect electricity supply to any consumer without issuing him a disconnection notice, in writing, giving him at least 15 (fifteen) clear days, to be reckoned from the date of serving the same, intimating the consumer about the grounds for disconnection:

Provided that in the case of detection of theft of electricity, the supply of electricity shall be disconnected immediately as provided in subsection (1A) of Section 135 of the Act:

Provided further that in the case of disconnection under:

(i)       Regulation 50 (1), the Licensee may disconnect the supply of electricity on expiry of the notice period.

(ii)      Regulation 50(5), the provisions of Regulation 8 shall be applicable.

(iii)     Regulation 50(6), the provisions of Regulation 31 shall be applicable.

(iv)    Regulation 50(7), the provisions of the Order of the Legal authority shall be applicable.

(2)     The supply shall be disconnected only if the grounds of the disconnection as specified in the notice are not removed or rectified within the notice period.

(3)     The supply under Regulation 50(1), 50(4), 50(5), 50(6), 50(7) shall not be disconnected on bank holidays or after 12 noon.

Regulation - 52. Prevention from Unauthorized Reconnection:

(1)     The consumer shall not reconnect its supply unauthorizedly from the system of the Licensee or from the live connection of any other consumer.

(2)     In case the consumer indulges in unauthorized reconnection from the system of the Licensee directly, the Licensee may initiate action as per provisions of Section 138 of the Act.

(3)     In case the consumer indulges in unauthorized reconnection from the supply of any other consumer, the Licensee may initiate action as per provisions of unauthorized use of electricity against such consumer who has provided the supply:

Provided that the pending dues of disconnected connection shall be transferred to the account of consumer allowing such connection.

Regulation - 53. Disconnection on Consumer's request:

(1)     In case consumer desires his supply to be disconnected, he shall apply at least 5 (five) days in advance to the Licensee in the format prescribed in the Commission's Order or as approved by the Commission from time to time:

Provided that the Licensee may accept a notice of shorter period.

(2)     The Licensee shall carryout a special reading and shall disconnect the supply on the specified date.

(3)     The Licensee shall prepare final bill after adjustment of security deposit within 5 (five) days from the date of disconnection including all arrears up to the date of such billing, if any.

(4)     Upon receipt of payment, the Licensee shall issue receipt with 'Final Bill' stamped on it. This receipt shall be treated as 'No Dues Certificate':

Provided that if the payment is made online, within the due date, the Licensee shall issue no dues certificate to the consumer online.

(5)     If the payment is not made, within the due date, the consumer shall be required to make the payment along with late payment surcharge, if any, at the counter of the Licensee only.

(6)     In case the amount is to be refunded by the Licensee to the consumer, the Licensee shall issue no dues certificate along with the final bill and shall refund the balance security deposit along with accrued interest upto the date of such disconnection within 15 (fifteen) days through demand draft or electronic clearance system.

(7)     Thereafter, the Licensee shall not have any right to recover any charge(s) whatsoever for any period prior to this date of billing.

Regulation - 54. Reconnection:

(1)     In cases of a temporary disconnection, the Licensee shall reconnect the supply of electricity to consumer's installation within 24 hours of payment of past dues and all applicable charges, if any and completion of requisite formalities:

Provided that the Licensee shall intimate all applicable charges for reconnection to the consumer in the disconnection notice:

Provided further that if a consumer has moved out of the country and provides the documentary evidence, the Licensee shall not levy the reconnection charges.

(2)     In case of a permanent disconnection, reconnection shall be made on payment of past dues and all applicable charges, if any and completion of formalities as required for a new connection.

(3)     In case of disconnection of supply by the Licensee either erroneously or without notice, the reconnection of supply shall be made within 24 hrs from the time of such disconnection, without levy of any charges, including reconnection charges.

CHAPTER-VII UN AUTHORISED USE, THEFT AND OTHER IRREGULARITIES

Regulation - 55. General:

(1)     The Licensee shall undertake proceedings against unauthorized use of electricity, theft and other irregularities committed by the consumer in accordance with the relevant provisions as laid down in Part XII, XIV, XV of the Act, the Regulations and the procedure in Commission's Orders.

(2)     The Licensee shall publish on its website, the list of the Assessing officers under section 126 of the Act, the Authorized officers under sub-section (2) of section 135 of the Act and the officers authorized by the Commission to disconnect supply under sub-section (1A) of Section 135 of the Act and shall display such list at prominent locations in its local offices.

(3)     The Licensee shall issue photo identity cards to all the Assessing officers and Authorized officers specifically indicating their designation and details of authorisation.

(4)     During the inspection of premises, in all cases, the assessing officer or the authorized officer as the case may be, shall cause to videograph the entire proceedings, till the completion of inspection at the premises:

Provided that the videograph shall include acceptance or denial by the consumer of photo visiting card, signing of inspection report, signing of seizure memo etc.

(5)     The Licensee shall maintain and submit record of all cases booked under Section 126 of the Act and Section 135 of the Act to the Commission on monthly basis.

(6)     If a consumer is found indulging in unauthorized use and also in theft of electricity, the consumer shall be booked under theft of electricity.

(7)     In case the unauthorized use of electricity is finally established, the Licensee shall change the category of supply of the consumer from the date of inspection and shall raise the bill as per normal applicable tariff.

UNAUTHORIZED USE OF ELECTRICITY UNDER SECTION 126 OF THE ACT

Regulation - 56. Inspections of the premises and electrical installations by Assessing Officer:

(1)     The Assessing officer shall promptly conduct inspection of any premises either suo-moto or on receipt of information regarding unauthorized use of electricity thereat:

Provided that the Assessing officer may avail the assistance of employees of the Licensee for conducting inspection.

(2)     The Assessing officer shall carry his visiting card bearing his photograph and photo identity card issued under Regulation 55(3).

(3)     Photo ID shall be shown and the visiting card bearing his photograph shall be handed over to the consumer before entering the premises.

(4)     The Assessing officer shall prepare an inspection/site report as per the provisions under these Regulations.

(5)     No case of unauthorized use of Electricity shall be booked by the Licensee in the following cases:

(i)       where consumer has been paying electricity charges for higher tariff category but using electricity for lower tariff category;

(ii)      where the consumer is drawing power more than the sanctioned load or contract demand as the case may be within the same category of tariff; and

(iii)     where it is incumbent upon the Licensee to suo-motu change the category of supply.

Regulation - 57. Preparation of Report by Assessing officer:

(1)     In the event of detection of unauthorized use of electricity, the Assessing officer shall prepare a detailed Report at site, in the manner as prescribed in the Commission's Orders.

(2)     All the material evidences such as tampered meter, etc. and the documentary evidence, which are relevant to the case found during the inspection, shall be seized under a seizure memo and sealed in the presence of the consumer or his representative and be kept as a proof along with photography and video recording of the premises.

(3)     A detailed description of the material seized, including date, time and place and name & address of witnesses to the seizure shall be recorded on the exterior of the cover and signatures of all witnesses shall be affixed on the sealing points:

Provided that if the witness refused to sign, the same shall be recorded in the report and captured in the videograph.

(4)     The Inspection Report shall be signed by the Assessing officer and a copy of the same shall be handed over to the consumer or his representative at the site immediately under proper acknowledgement. The other persons present at site may also sign the inspection report.

(5)     If consumer or his representative at site refuses to acknowledge and/or accept the copy of the report, a copy of the report shall be pasted at a conspicuous place in or outside the premises and photographed and video recorded. Another copy of the same report shall be sent to the consumer under Registered Post or Speed Post or electronically on the same day or on the next day of the inspection.

(6)     The Inspection report shall form the basis for further action as per the provisions contained in Regulations.

Regulation - 58. Procedure for dealing the case of Unauthorized Use of Electricity (UUE):

(1)     Provisional assessment and Notice:-

If the Assessing officer on the basis of Inspection Report and other materials comes to the conclusion that it is prima facie a case of unauthorised use of electricity, he shall:

(i)       make provisional assessment based on the best of his judgment which is reasonable in the given circumstances and is based on all the available evidence and records. While doing so the Assessing officer shall compute the amount payable by the person benefited by the unauthorized use of electricity as per provision laid down in sub-section (5) read with sub-section (6) of Section 126 of the Act:

Provided that if the period of unauthorized use of electricity can be conclusively established, the assessment shall be done for the entire period for which the unauthorized use was taking place and if the period of such unauthorized use is not known or cannot be conclusively established, the period of assessment shall be limited to 12 (twelve) months immediately preceding the date of inspection:

Provided further that period of unauthorized use of electricity shall be assessed based on the following factors:-

(a)      actual period from the date of commencement of supply to the date of inspection;

(b)      actual period from the date of replacement of component of metering system in which the evidence is detected to the date of inspection;

(c)      actual period from the date of preceding checking of installation by the assessing officer to date of inspection;

(d)      data recorded in the energy meter memory wherever available;

(e)      based on the document being relied upon by the accused person.

(ii)      Serve a notice along-with a provisional assessment bill and copy of videography of inspection, within 7 (seven) days from the date of inspection or date of receipt of meter testing report, if required, whichever is later, to the consumer giving reasons as to why a case of unauthorised use of electricity is being initiated against him. The notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed.

(2)     Objection against notice along-with provisional assessment:-

The consumer, on whom notice along-with a provisional bill of assessment has been served, may file objections, if any, before the Assessing officer, within 7 (seven) days from the date of receipt of notice.

(3)     Personal Hearing:-

(i)       The Assessing officer shall arrange a personal hearing with the consumer or his authorized representative within 7 (seven) days from the date of filing of consumer's objections.

(ii)      At the request of the consumer, the hearing may be arranged for a future date but not later than 10 (ten) days from the date of filing of the objections by the consumer.

(4)     Final assessment Order:-

(i)       The Assessing officer shall pass a final assessment order within 30 (thirty) days from the date of service of the order of provisional assessment of the electricity charges payable by such person.

(ii)      The final order of assessment shall clearly show as to whether the case of unauthorized use of electricity is established or not. Such Order shall contain the brief of inspection report, submissions, oral or written, made by consumer and reasons for acceptance or rejections of the same.

(iii)     If no unauthorized use of electricity is established, the Assessing officer shall pass an Assessment Order dropping the case immediately and the consumer shall be informed accordingly with a copy to the next higher officer.

(iv)    In case the unauthorized use of electricity is established, the Assessing officer shall assess the electricity charges as per provisions contained in sub-section (5) read with sub-section (6) of the Section 126 of the Act and shall pass the final Assessment Order under sub-section (3) of Section 126 of the Act.

(v)      The assessment of energy in the final order shall be made as per the formula prescribed in Appendix-I to the Regulations:

Provided that if unauthorized use of electricity is on account of wrong usage of tariff category or for the premises or areas other than for which supply of electricity was authorised, the Assessing officer shall take assessment of energy as recorded in the meter for the period of assessment.

(vi)    While making the assessment bill, the Licensee shall give credit to the consumer for the amount already paid by the consumer for the period of the assessment bill.

(vii)   The Final Assessment Order, shall clearly mention that the Order is appealable by the consumer before the Appellate Authority (name, designation and address to be mentioned) within 30 (thirty) days of serving the said order as per provisions of sub-section (1) of Section 127 of the Act.

(5)     Billing & payment based on final assessment Order:-

(i)       The Licensee shall serve the bill to the consumer for charges of unauthorized use of electricity as per the final assessment order issued by the Assessing Officer.

(ii)      The bill shall be payable by the consumer within 30 (thirty) days from the date of service. The Licensee may extend the last date of payment of the assessed amount or allow the payment in installments subject to payment of interest on the unpaid amount for the extended period beyond 30 (thirty) days at the rate of 16 (sixteen) percent per annum compounded every 6 (six) months.

(iii)     The consumer shall accept the bill and deposit the assessed amount within the time lines and manner as per sub-regulation (5) (ii) or prefer an appeal against it before the Appellate Authority in accordance with the Act and the Regulations.

Regulation - 59. Appeal before Appellate Authority under Section 127 of the Act:

(1)     If the consumer is aggrieved by the final assessment order issued by the Assessing officer, he may after depositing half of the assessed amount as specified under sub-section (2) of Section 127 of the Act, file an appeal before the Appellate Authority under Section 127 of the Act, within 30 (thirty) days from the date of issuance of such order, in the form and manner as prescribed in Commission's Orders:

Provided that no appeal shall lie to the appellate authority against the final assessment order of the Assessing officer, if same is passed with the consent of the parties.

(2)     The Appellate Authority, based on the evidence and the facts presented and after hearing the parties shall pass an appropriate speaking order and send a copy of the order to the Assessing officer and the appellant.

(3)     The order passed by the Appellate Authority shall be final.

(4)     In case the Appellate Authority holds that no case of unauthorized use of electricity is established, no further proceedings shall be initiated or continued by the Licensee in this regard and the amount deposited by the appellant shall be refunded along with interest at the rate of 16 (sixteen) percent per annum compounded every 6 (six) months for the period from the date of deposit till the amount is refunded.

(5)     In case the Appellate Authority holds that a case of unauthorized use of electricity is established, the Licensee shall serve the revised bill to the consumer for charges of unauthorized use of electricity as per the final order issued by the Appellate Authority.

(6)     The bill so prepared based on the final order issued by the Appellate Authority shall be payable by the consumer within 30 (thirty) days from the date of service. The Licensee may extend the last date of payment of the assessed amount or allow the payment in installments subject to payment of interest on the unpaid amount for the extended period beyond 30 (thirty) days at the rate of 16 (sixteen) percent per annum compounded every 6 (six) months as per sub-section (6) of Section 127 of the Act.

(7)     In case the amount payable as determined by the Appellate Authority is less than the amount already deposited by the consumer at the time of filing the appeal, the excess amount shall be refunded by the Licensee within 30 (thirty) days:

Provided that if the refund is delayed by the Licensee, interest at the rate of 16 (sixteen) percent per annum compounded every 6 (six) months shall be paid for the delayed period.

THEFT OF ELECTRICITY UNDER SECTION 135 OF THE ACT

Regulation - 60. Inspections of the premises and electrical installations by Authorized officer:

(1)     The Authorized officer shall promptly conduct inspection of any premises either suo-moto or on receipt of information regarding theft of electricity:

Provided that the Authorized officer may avail the assistance of employees of the Licensee for conducting inspection.

(2)     The Authorized officer shall carry his visiting card bearing his photograph and photo identity card issued under Regulation 55(3).

(3)     Photo ID shall be shown and visiting card bearing his photograph shall be handed over to the consumer or the occupier of the premises before entering the premises and take the acknowledgment.

(4)     The Authorized officer shall prepare an inspection report as per the provisions under these Regulations.

Regulation - 61. Preparation of Report by Authorized officer:

(1)     In the event of detection of theft of electricity, the Authorized officer shall prepare a detailed Report at site, in the manner as prescribed in the Commission's Orders.

(2)     All the material evidences such as tampered meter, tampered meter seal and artificial means used for illegal abstraction of energy and the documentary evidences etc., which are relevant to the case and found during the inspection, shall be seized under a seizure memo and sealed in the presence of the consumer or his authorized representative and be kept as a proof along with photography and video recording of the premises.

(3)     A detailed description of the material seized, including date, time and place and name & address of witnesses to the seizure shall be recorded on the exterior of the cover and signatures of all witnesses shall be affixed on the sealing points:

Provided that if the witness refuses to sign, the same shall be recorded in the report and captured in the videography.

(4)     The inspection Report shall be signed by the Authorized officer and a copy of the same shall be handed over to the consumer or his representative at the site immediately under proper acknowledgement. The other persons present at site may also sign the inspection report.

(5)     If consumer or his representative at site refuses to acknowledge and accept the copy of the report, a copy of the report shall be pasted at a conspicuous place in or outside the premises and photographed and/or video recorded. Another copy of the same report shall be sent to the consumer under Registered Post or Speed Post or electronically on the same day or on the next day of the inspection.

(6)     The inspection report shall form the basis for further action as per the provisions contained in Regulations.

Regulation - 62. Procedure for prosecution for Theft of Electricity:

(1)     The prosecution for theft of electricity under section 135 of the Act shall be initiated only in the cases where dishonest intention is evident from the relevant facts, records and other evidence of the case.

(2)     In case sufficient evidence is found to establish theft of electricity, the Authorized officer under sub-section (2) of Section 135 of the Act shall seize and seal all material evidence including wires/cables, meter, service line etc., from the premises under a seizure Memo.

(3)     The supply of the consumer shall be disconnected immediately on detection of theft only by such officer of the Licensee or supplier as authorised for the purpose by the Commission, under sub-section (1A) of Section 135 of the Act:

Provided that such officer shall lodge a complaint in writing in Police Station having jurisdiction over the site of occurrence of the offence within twenty four hours from time of such disconnection:

Provided further that such officer shall also send to the consumer a copy of complaint lodged in Police Station, copy of speaking order under Regulation 64 along with a copy of videography of inspection within 2 (two) days of such disconnection.

(4)     No case for theft shall be booked only on account of missing of the seals on the meter or on account of breakage of glass window of the meter, unless dishonest intention is corroborated by consumption pattern of consumer or any other evidence.

(5)     Interference with the accurate registration of energy consumed by resorting to external methods involving remote control, high voltage injection etc., committed by the consumer or his employee or any other person acting on his behalf, shall also constitute theft of electricity which may be established by analysis of metering data and by testing of the meter in an accredited laboratory notified by the Commission or by the agency authorized by the Commission in this regard.

Regulation - 63. Assessment Bill for theft of electricity:

(1)     The Assessing officer shall assess the energy for theft of electricity as notified in the Appendix I to the Regulations.

(2)     The period of assessment for theft of electricity shall be for a period of 12 (twelve) months preceding the date of detection of theft of electricity or the exact period of theft if determined, whichever is less: Provided further that period of theft of electricity shall be assessed based on the following factors:-

(i)       actual period from the date of commencement of supply to the date of inspection;

(ii)      actual period from the date of replacement of component of metering system in which the evidence is detected to the date of inspection;

(iii)     actual period from the date of preceding checking of installation by authorized officer to date of inspection;

(iv)    data recorded in the energy meter memory wherever available.

(v)      based on the document being relied upon by the accused person.

(3)     The assessment bill shall be prepared on two times the rate as per applicable tariff.

(4)     While making the assessment bill, the Licensee shall give credit to the consumer for the electricity units already paid by the consumer for the period of the assessment bill.

(5)     The assessment order shall be served upon the consumer or the person in occupation or possession or in charge of the place or premises, as the case may be, within 7 (seven) days of disconnection of supply or within 2 (two) days from the date of receipt of request of such person, whichever is earlier.

Regulation - 64. Suspected Theft:

(1)     In all such cases where theft cannot be established on inspection but the theft is suspected based on the consumption pattern, etc., the Authorized officer may remove the old meter under a seizure memo and seal it in the presence of the consumer or his representative which shall be signed by both the parties, and shall restore the supply to the consumer with a new meter:

Provided that if the consumption pattern for last 1 (one) year is reasonably uniform and is not less than 75% of the assessed consumption, no further proceedings shall be taken and the decision shall be communicated to the consumer within 3 (three) days:

Provided further that if the consumption pattern is uniform as above, the existing meter shall not be sent for any further testing.

(2)     The meter shall be tested as per sub-regulation (8) of Regulation 32.

(3)     If the Assessing officer, on the basis of Inspection Report, consumption pattern, results of meter testing, comes to conclusion that it is prima facie a case of theft of electricity, procedure as specified in the Regulation 62 & Regulation 63 shall be followed:

Provided that the Assessing officer shall pass a Speaking Order substantiating the case of theft of electricity within 7 (seven) days of meter testing report.

Regulation - 65. Compounding of the offence under section 152 of the Act:

The compounding of offence under section 152 of the Act shall be done only by the Government of National Capital Territory of Delhi or by an officer duly authorized by the Government of National Capital Territory of Delhi (compounding officer) for this purpose.

Regulation - 66. Restoration of supply disconnected on account of theft of electricity:

(1)     The Licensee shall restore supply of electricity to the premises within 48 hours of payment by the consumer of amount

(i)       assessed in accordance with Regulation 63 or

(ii)      allowed to be deposited by any court including the Lok Adalat.

(2)     If the assessed amount is deposited by an applicant who is not an existing consumer, the supply to the premises will be released treating it as a case of a new connection.

(3)     The restoration of supply of electricity shall be without prejudice to the right of the Licensee to initiate the criminal proceedings against the existing consumer as per Section 135 of the Act.

Regulation - 67. Voluntary disclosure of tampered meter:

(1)     In case a consumer comes forward and voluntarily declares tampering of meter and/or seals, the Licensee shall immediately replace the tampered meter with a new meter:

Provided that voluntarily disclosure of tampered meter shall be allowed only once to a consumer.

(2)     The Assessing officer shall assess the energy for theft of electricity as notified in the Appendix I to the Regulations.

(3)     The assessment bill shall be prepared on two times the rate as per applicable tariff for the period of last 6 (six) months reckoned from the date of declaration.

(4)     While making the assessment bill, the Licensee shall give credit to the consumer for the electricity units already paid by the consumer for the period of the assessment bill.

(5)     The energy bill for the period from the date of declaration of tampered meter to the date of replacement of meter shall be calculated as per the procedure for defective meters.

(6)     The Licensee shall not move the Special Court or initiate any other action if a consumer voluntarily declares the tampered meter and pays the assessment bill:

Provided that if the consumer fails to pay the assessment bill within 30 (thirty) days, the Licensee shall treat it as a theft case under Regulation 62 and proceed accordingly.

CHAPTER-VIII COMPLAINT HANDLING PROCEDURE

Regulation - 68. General:

(1)     Complaints regarding release of electricity connection, no current/failure of power supply, voltage fluctuation, load shedding, scheduled outages, metering, billing and other complaints shall be addressed by the Licensee as per the procedure specified in the Regulations.

(2)     Every Licensee shall prepare the "Manual of Practice for Handling Consumer Complaints/Consumer Charter/Complaint Charter", herein after referred to as "Manual" within three months from the date of applicability of these regulations, and submit the same to the Commission for approval.

(3)     The Manual shall contain information which may affect the consumers, including information related to channels of complaint registration, details of personnel, offices, helpline nos., process of handling complaints etc.

(4)     The Manual shall be prepared in English and Hindi languages and shall be available for reference of consumers at every office of the Licensee and downloadable from its website.

(5)     The Licensee shall establish various modes for lodging complaints such as call centre, website, SMS, application server of the Licensee or any other mode as may be found fit by the Licensee or notified by the Commission.

Regulation - 69. Procedure for lodging complaint:

(1)     The consumer or applicant can lodge complaint at Centralized Call Centre/Complaint Centre at zones/district offices of the Licensee or on telephone or website or SMS or application server of the Licensee or through post.

(2)     All complaints received shall be routed through their complaint management system.

(3)     A unique complaint number shall be generated and intimated to the complainant immediately on receipt of such complaint:

Provided that in case complaint is received through post, the same shall be intimated within 3 (three) days from the date of receipt.

(4)     The contact numbers of these centers shall be printed on the electricity bill, displayed at the Bill Collection centers and uploaded on the Licensee's website.

(5)     The consumer or applicant shall give the details of name, address, CA number or registered telephone number, and brief nature of the complaint.

(6)     The Licensee shall keep a record of all complaints received through any mode for a period of 7 (seven) years.

(7)     After redressal of the complaint, a reply shall be communicated to the complainant.

Regulation - 70. Procedure for redressal of complaint on no current/failure of power supply:

(1)     In case the Centralized Call Center is aware about the reason of power failure of the complainant, the complainant shall be informed about the reason and the approximate time required for restoration of power supply.

(2)     However, such complaint shall be registered and a unique complaint number shall be issued.

(3)     The Centralized Call Center shall forward the complaint to the concerned Complaint Center.

(4)     The complaint shall be resolved within the timelines as specified under these Regulations.

(5)     The details of scheduled Power Outages shall be informed to the consumers in the manner notified in the Commission's Orders.

(6)     The Licensee shall keep a record of all scheduled power outages and unscheduled power outages separately and the extent of consumers affected by each power outage.

(7)     If the Licensee fails to restore the supply within the specified timelines, compensation shall be paid to the affected consumers as specified in Schedule-I of the Regulations.

Regulation - 71. Procedure for redressal of complaint on low/high voltage:

(1)     The Centralized Call Center shall forward the complaint to the concerned Complaint Center.

(2)     The complaint shall be resolved within the timelines as specified under these Regulations:

Provided that the resolution of the complaint requires up-gradation in the distribution line, transformers, etc. the Licensee shall take the appropriate steps.

Regulation - 72. Redressal of Grievances by Forum and Ombudsman:

(1)     In case, the grievances of the consumer are not addressed properly by the Licensee, the consumer may approach the Forum or the Ombudsman as the case may be as per Delhi Electricity Regulatory Commission (Guidelines for establishment of Forum for redressal of grievances of the consumers and Ombudsman) Regulations, 2003 as amended from time to time.

(2)     While communicating the decision on the grievances, the Licensee shall advise the consumer in writing about his right to prefer an application against the decision of the Licensee before the Forum and further to prefer appeal before the Ombudsman.

(3)     The address and contact number of the Forum and Ombudsman shall be made available on the electricity bill by the Licensee.

CHAPTER-IX GUARANTEED AND OVERALL STANDARDS OF PERFORMANCE

Regulation - 73. Guaranteed standards of performance:

The Standards specified in the Schedule-I shall be the Guaranteed Standards of Performance, being the minimum standards of service that a Licensee shall achieve, and the Standards specified in the Schedule-II shall be the Overall Standards of Performance which the Licensee shall seek to achieve in the discharge of his obligations as a Licensee.

Regulation - 74. Determination of Compensation:

(1)     The Licensee shall be liable to pay compensation to the affected consumers, in case of his failure to meet the Guaranteed Standards of Performance as specified in Schedule-I of the Regulations:

Provided that the claim for compensation for violation of provisions of any other Regulations not specified in Schedule-I of these Regulations may be filed before the Commission.

(2)     The compensation paid by the Licensee shall not be allowed to be recovered in the Annual Revenue Requirement (ARR) of the Licensee..

Regulation - 75. Penalty:

(1)     The Commission may impose penalty, on case to case basis:

(i)       for non-achievement of any target for overall standards of performance

(ii)      for violation of any of the provisions of these Regulations or any of the directions/advice/orders issued by the Commission.

(2)     The penalty paid by the Licensee shall not be allowed to be recovered in the Annual Revenue Requirement (ARR) of the Licensee.

Regulation - 76. Procedure for Determination and payment of compensation amount:

(1)     The Licensee shall provide information to consumers with regard to its offices/designated officers to settle claims for compensation.

(2)     Any person who is affected by the failure of the Licensee to meet the standards of performance specified herein and who seeks to claim compensation shall file his claim, with such a Licensee within a maximum period of 60 (sixty) days from the time such a person is affected by such failure of the Licensee to meet the standards of performance:

Provided that the Licensee shall compensate the affected person(s) within a maximum period of 90 (ninety) days from the date of filing his claim.

(3)     In case failure of power supply is affecting one consumer, the default for the purpose of claiming compensation in such case shall be considered from the time the consumer has made the complaint.

(4)     In case failure of power supply is affecting more than one consumer, the default for the purpose of claiming compensation in such case shall be considered from the time first consumer has made the complaint.

(5)     In case the Licensee refuses to pay the compensation, the Licensee shall record the reasons in writing, giving due justification for their action and communicate the same to the consumer.

(6)     In case the Licensee refuses to pay the compensation or if the affected person is aggrieved by non-redressal of his grievances, the aggrieved person can approach the respective Forum for redressal of grievances to seek such compensation.

(7)     If the aggrieved person is not satisfied with the decision of the Forum, the affected consumer may approach the Ombudsman.

(8)     If the claim for compensation is upheld by the Forum or Ombudsman, as the case may be, after following due process of Law, the compensation shall be determined in accordance with the Schedule-I of these Regulations:

Provided that the Forum or the Ombudsman may in addition to the compensation, award interest at the bank rate for the period from date when the compensation became first due:

Provided further that the compensation shall be payable but not later than 90 (ninety) days from the date of a direction issued by the Forum or by the Ombudsman, as the case may be.

(9)     All payments of compensation shall be made by way of adjustment against current and/or future bills for supply of electricity:

Provided that the compensation is paid to the applicant who is not consumer, the Licensee shall compensate by any mode of payment approved by the Commission other than cash.

Regulation - 77. Information on Standards of Performance:

(1)     For Guaranteed Standards of Performance, Licensee shall furnish to the Commission, in a report for every month and in a consolidated annual report, the following information:

(i)       The levels of performance achieved by the Licensee with reference to the standards specified in Schedule-I as per the formats prescribed in Commission's Orders;

(ii)      The number of cases in which compensation were payable under these Regulations, and the aggregate amount of the compensation payable and paid by the Licensee as per the formats prescribed in the Commission's Orders;

(iii)     The number of claims made by consumers against the Licensee for failure to meet the Guaranteed Standards of Performance and the action taken by the Licensee including the reasons as to delay in payment, or non-payment of compensation for such claims;

(iv)    The measures taken by the Licensee to improve performance in the areas covered by Guaranteed Standards and Licensee's targets of improved performance for the ensuing year; and

(v)      Status of number of cases booked under unauthorized use of electricity and theft of electricity.

(2)     The monthly report under clause (1) above, shall be furnished to the Commission within 15 (fifteen) days of the close of the month and the annual report under the clause (1) shall be furnished to the Commission within 30 (thirty) days of the close of the financial year.

(3)     The Licensee shall furnish to the Commission, in a report as per the formats for every quarter and in a consolidated annual report for each financial year, the following information as to the Overall Standards of Performance:

(i)       The level of performance achieved with reference to those specified in Schedule-II as per the format prescribed in the Commission's Orders; and

(ii)      The measures taken by the Licensee to improve performance in the areas covered by Overall Standards and Licensee's targets of improved performance for the ensuing year.

(4)     The Quarterly report under clause (3) shall be furnished to the Commission within 15 (fifteen) days of the close of the quarter and the annual report under the said clause (3) shall be furnished to the Commission within 30 (thirty) days of the close of the financial year.

(5)     The Commission may, as it deems fit and at such intervals, publish any information or part thereof, as furnished by the Licensee under these Regulations and not inconsistent with the Act.

CHAPTER-X MISCELLANEOUS

Regulation - 78. Notice to the Consumer:

(1)     Any order/notice to the consumer by the Licensee under these regulations, including the notice under the Act shall be deemed to be duly served by the Licensee if it is:

(i)       Sent by registered post or speed post at the correct postal address of the addressee, or

(ii)      Delivered by hand to the person residing at the address notified to the Licensee by the consumer after obtaining signed acknowledgment receipt, or

(iii)     Affixed at a conspicuous part of such premises and photographed in case there is no person to whom the same can or person is refusing to accept the notice, with reasonable diligence, be delivered, or

(iv)    Sent through electronic mode such as on the registered e-mail address:

Provided that the consumer shall also be informed by the Licensee through SMS.

(2)     Except as otherwise specified herein above, the date of any notice shall be deemed to be the date:

(i)       if sent by registered post or speed post-seven (7) days from the date of posting. or

(ii)      if delivered personally-the date of receipt or

(iii)     if affixed at conspicuous part of such premises-the date of such affixing.

(iv)    If sent through electronic mode-date after 24 hours of sending.

(3)     The responsibility of showing the proof that order/notice has been issued shall be of the Licensee.

Regulation - 79. Accident at the installation of the consumer:

(1)     If any electrical accident; fatal, serious or minor, occurs within the installation of the consumer or from the service line to his installation, the consumer shall immediately switch off the supply and report the matter to the Licensee who shall inform the Electrical Inspector forthwith.

(2)     In the event of any defect or leakage of energy being detected in the installation of the consumer or in any apparatus connected to it, the same shall be disconnected forthwith.

(3)     The Licensee may disconnect the supply until the defects are rectified, giving simultaneous intimation to the consumer and the Electrical Inspector.

(4)     The installation of the consumer shall be reconnected by the Licensee only under intimation to the Electrical Inspector.

Regulation - 80. Demand Side Management:

It shall be the duty of the consumer to stop wastage and inefficient use of electricity and to extend necessary cooperation to the Licensee in implementation of the programme that may be launched by the Licensee for demand side management.

Regulation - 81. Applicants/Consumers covered under Delhi Electricity Regulatory Commission (Net Metering for Renewable Energy) Regulations, 2014:

Notwithstanding anything to the contrary contained in Delhi Electricity Regulatory Commission (Net Metering for Renewable Energy) Regulations, 2014 and amendments thereof, the applicant/consumer shall be governed by the provisions of Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017.

Regulation - 82. Applicants/Consumers covered under Delhi Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulations, 2005:

Notwithstanding anything to the contrary contained in Delhi Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulations, 2005 and amendments thereof including the Orders made thereunder, the applicant/consumer shall be governed by the provisions of Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017.

Regulation - 83. Exemption:

(1)     The standards of performance specified in this Regulation shall remain suspended during Force Majeure conditions such as war, mutiny, civil commotion, riot, flood, cyclone, lightning, earthquake, lockout, fire, sabotage, blockade etc., affecting the Licensee's installations and activities.

(2)     Non-compliance of a standard contained in this Regulation shall not be treated as a violation, and the distribution licensee shall not be required to pay any compensation to affected consumer (s), if such violation is caused due to State Transmission Utility and/or Central Transmission Utility, grid failure, a fault on the Transmission Licensee's network or on account of instructions given by State Load Dispatch Center, or any other reason, over which the distribution licensee has no reasonable control.

Regulation - 84. Issue of Order (s) and Practice Directions:

Subject to the provision of the Act and these Regulations, the Commission may from time to time, issue Order (s) and Practice directions in regard to the implementation of these Regulations and procedure to be followed on various matters, which the Commission has been empowered by these Regulations to direct, and matters incidental or ancillary thereto.

Regulation - 85. Power of relaxation and power to remove difficulties:

(1)     The Commission may, in public interest and for reasons to be recorded in writing, relax any of the provisions of these Regulations.

(2)     If any difficulty arises in giving effect to the provisions of these regulations, the Commission may, by any general or special order, make such provisions, not inconsistent with the provisions of the Act, which appears to be necessary or expedient for the purpose of removing the difficulties.

Regulation - 86. Saving of Inherent Powers of the Commission:

Nothing contained in these Regulations shall limit or otherwise affect the inherent powers of the Commission from adopting a procedure, which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of the matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient to depart from the procedure specified in these Regulations.

Regulation - 87. Power to Amend:

SCHEDULE-I

GUARANTEED STANDARDS OF PERFORMANCE AND COMPENSATION TO CONSUMERS IN CASE OF DEFAULT

14. Power Supply Failure

(a)      Compensation for power supply failure, standard for restoration and compensation payable for a consumer of sanctioned load or contract demand upto 20kW:

(b)      Any consumer having sanctioned load or contract demand above 20kW, affected continuously by the power supply failure as above, may approach the Commission for determination of the compensation.

(c)      The Licensee shall upload on its website the AT&C losses for the zone/sub-division for the preceding financial year by 15th of April of the year.

(d)      Any claim arising on account of power failure shall not be admissible for those consumers who have outstanding dues upto preceding billing cycle, or have been, during last two years, convicted for theft of electricity or finally assessed for Unauthorised Use of Electricity.

Note:

(i)       For the purpose of determination of compensation to the consumer in case of violation of standard, the days beyond the standard for period of default shall be taken as calendar days.

(ii)      Where the compensation payable has been specified based on default in days and the default is part of the day, the compensation shall be payable for the whole day.

The Commission may, at any time and on such terms as it may think fit, amend, alter or modify any provision of these Regulations or remove any error or defect in these Regulations. Any amendment/alteration/modification Order in this regard except for rectification of a typographical error will clearly indicate reasons for amendment in writing.

Regulation - 88. Repeal and Savings:

(1)     Save as otherwise provided in these Regulations, the following Regulations issued by the Commission are hereby repealed:

(i)       Delhi Electricity Supply Code & Performance Standards Regulations, 2007.

(ii)      Delhi Electricity Regulatory Commission (Procedure for Filing Appeal before the Appellate Authority) Regulations, 2005.

(2)     Notwithstanding such repeal, anything done or action taken or purported to have been taken, or proceedings initiated under such repealed Regulations, shall be deemed to have been taken under these Regulations to the extent that same were not inconsistent with the Act.

SCHEDULE-II

OVERALL STANDARDS OF PERFORMANCE

(1)     Power Supply Failure: The Licensee shall maintain the percentage of Power Supply Failures rectified within the time limits prescribed under Schedule-I to total calls received not less than 95%.

(2)     Scheduled outages: Interruption in power supply due to scheduled outages, other than the load-shedding, has to be notified in advance and shall not exceed twelve hours in a day and in each such event, the Licensee has to ensure that the supply is restored by 6:00PM. The Licensee shall achieve both of these standards of performance in at least 95% of the cases.

(3)     Reliability Indices

(1)     The Licensee shall calculate the reliability of its distribution system on the basis of number and duration of sustained interruptions in a reporting period, using the following indices:

(i)       System Average Interruption Frequency Index (SAIFI) which means the average frequency of sustained interruptions per consumer occurring during the reporting period, determined by dividing number of consumers who have experienced a sustained interruption by the total number of consumers.

(ii)      System Average Interruption Duration Index (SAIDI) which means the average duration of sustained interruptions per consumer occurring during the reporting period, determined by dividing the sum of all sustained consumer interruptions durations, in minutes, by the total number of consumers; and

(iii)     Customer Average Interruption Duration Index (CAIDI) which means the average interruption duration of sustained interruptions for those consumers who experienced interruptions during the reporting period, determined by dividing the sum of all sustained consumer interruption durations, in minutes, by the total number of interrupted consumers for the reporting period, or by using the equation: CAIDI = SAIDI/SAIFI;

(2)     The Licensee while calculating the above indices, shall not take into account the following types of interruptions:

(i)       Scheduled outages;

(ii)      Momentary outages of a duration not more than five minutes;

(iii)     Outages due to the failure of the grid;

(iv)    Outages due to the reasons described in Force Majeure conditions.

(3)     Method of computing Reliability Indices

(i)       System Average Interruption Duration Index (SAIDI) = It is average duration of sustained interruptions per consumer.

SAIDI=? ri x Ni/Nt

(ii)      System Average Interruption Frequency Index (SAIFI) = It is average frequency of sustained interruptions per consumer.

SAIFI =?Ni/Nt

Where;

i = an interruption event;

ri = restoration time for each interruption event;

Ni= number of consumers who have experienced a sustained interruption during the reporting period; and

Nt = total number of consumers of Licensee

(iii)     Customer Average Interruption Duration Index (CAIDI) = It is average interruption duration of sustained interruptions for those consumers who had experienced interruptions. CAIDI = SAIDI/SAIFI.

(4)     The Licensee shall propose the target level of these indices annually while submitting ARR. The Commission would accordingly notify these indices.

(4)     Frequency variations: The Licensee shall achieve coordination with other network constituents such as State Transmission Utility, State Load Dispatch Center, distribution Licensees and other transmission Licensees in an endeavor to maintain the supply frequency as per the Indian Electricity Grid Code as amended from time to time.

(5)     Voltage Imbalance: The Licensee shall ensure that the voltage Imbalance does not exceed 3% at the point of commencement of supply. Voltage Imbalance shall be computed in a manner to be notified by the Commission separately. The Licensee shall submit an exception report to the Commission giving details of the instances when the voltage was beyond the permissible limit at the distribution transformer level.

(6)     Billing mistakes: The Licensee shall maintain the percentage of bills requiring modifications based on consumer complaints to the total number of bills issued, not greater than 0.2%.

(7)     Electrical accidents:

The Licensee shall endeavour to avoid any electrical accident. Increase or decrease in number of electrical accidents compared over a period of time will also be an indicator of the Licensee's performance.

The Summary of Overall performance standards is as follows:

Appendix-I

Formula for assessment of energy in case of unauthorized use of electricity or theft of electricity

(1)     For the purpose of assessment, connected load on the date of inspection, shall be computed as under:-

"Connected load" means aggregate of the manufacture's rating of all energy consuming devices in the consumer's premises, which can be simultaneously used. This shall not include the load of spare plug, sockets, load exclusively installed for firefighting purposes. Only heating or cooling apparatus shall be taken into account as per prevailing season (1st April to 30th September for cooling use and 1st October to 31st March for heating use).

(2)     Assessment of energy shall be done based on the following formula:

Units assessed = L x D x H x F, where

(i)       L is the connected load (in kW or kVA as per applicable tariff) on the date of inspection.

(ii)      D is number of days for assessment period.

(iii)     H is use of supply hours per day, which shall be taken for different categories of use as below:

(iv)    F is load factor, which shall be taken for different categories of use as below:

(3)     The hours for the purpose of assessment in the cases of bonafide domestic use shall not be considered more than one hour per day on 100% load factor for domestic water pump, microwave oven, washing machines and petty domestic appliances.