In exercise of the powers conferred on it by
sub-sections (r) and (s) of Section 181 read with sub-sections (5) to (7) of
Section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers
enabling it in this behalf, the Maharashtra Electricity Regulatory Commission
hereby makes the following Regulations, providing guidelines to the
Distribution Licensees in the State for establishing Forum(s) for redressal of
Grievances of consumers and for the appointment of the Electricity Ombudsman by
the Commission, for making representation against non-redressal of Grievances
of consumers and the time and manner of settlement of Grievances by the
Electricity Ombudsman and for matters incidental and ancillary thereto, and
further to supersede the "Maharashtra Electricity Regulatory Commission
(Consumer Grievance Redressal Forum & Ombudsman) Regulations, 2006". CHAPTER I
GENERAL 1.1 These Regulations may be called the
"Maharashtra Electricity Regulatory Commission (Consumer Grievance
Redressal Forum & Electricity Ombudsman) Regulations, 2020". 1.2 These Regulations extend to the whole of the
State of Maharashtra. 1.3 These Regulations shall come into force from
the date of its notification in the Official Gazette. 1.4 These Regulations shall be construed
harmoniously with the Standards of Performance of Distribution Licensees and
the Electricity Supply Code specified by the Commission under the provisions of
clauses (x) and (za) of sub-section (2) of Section 181 of the Act: Provided that in case of any inconsistency with
these Regulations, the Standards of Performance of Distribution Licensees and
the Electricity Supply Code shall prevail. 2.1 In these
Regulations, unless the context otherwise requires - (a)
"Act" means the Electricity Act, 2003 (36
of 2003); (b)
"Commission" means the Maharashtra
Electricity Regulatory Commission; (c)
"Complainant" means any Consumer as
defined in Section 2 (15) of the Act and includes prospective Consumer, who
files the Complaint or Grievance or Representation against the Distribution
Licensee; (d)
"Complaint" means a submission made by a
consumer expressing dissatisfaction with the electricity supply service
provided by the Distribution Licensee; (e)
"Grievance" means any fault,
imperfection, shortcoming or inadequacy in the quality, nature and manner of
performance, which has been undertaken to be performed by a Distribution
Licensee in pursuance of a licence, contract, agreement or under the
Electricity Supply Code or in relation to Standards of Performance of
Distribution Licensees as specified by the Commission and includes inter alia
Grievances in respect of non-compliance of any Order of the Commission or any
action to be taken in pursuance thereof, which are within the jurisdiction of
the Forum or Electricity Ombudsman, as the case may be; (f)
"Forum" means the forum for redressal of
Grievances of consumers required to be established by Distribution Licensees
pursuant to subsection (5) of Section 42 of the Act and these Regulations; (g)
"Electricity Ombudsman" means an
authority appointed or designated by the Commission, in pursuance of
sub-section (6) of Section 42 of the Act and these Regulations, to whom any
consumer, who is aggrieved by non-redressal of his Grievances by the Forum, may
make a representation; (h)
"Nodal Officer" shall mean an officer
having knowledge and experience in distribution and supply of electricity and
so designated by the Distribution Licensee to act as a nodal officer, who shall
not be below the rank of an Executive Engineer or officer of equivalent rank of
any Distribution Licensee; (i)
"Representation" shall mean the
representation made to the Electricity Ombudsman by the consumer in person or
on behalf of such consumer who is aggrieved by non-redressal of his Grievances
by the Forum (including dismissal order) within the specified time and in
accordance with these Regulations. 2.2
Interpretations Words and expressions used and not defined in these
Regulations but defined in the Act shall have the meanings respectively
assigned to them in the Act. 3.1 Every Distribution Licensee shall, within six
months from the Appointed Date or date of grant of licence or date of taking on
record the Distribution Licensee status in case of Deemed Distribution
Licensees, whichever is earlier, establish Fora in accordance with these
Regulations. 3.2 Such Fora shall follow the principles of
natural justice, including, inter alia, the following: (a)
they shall protect the interest of consumers; (b)
they shall inform consumers of their rights; (c)
they shall facilitate and expedite the redressal of
Grievances; (d)
they shall ensure that consumers can also have a
remedy in the event of failure or delay on the part of the Distribution
Licensee in redressing their complaints. 3.3 A Distribution Licensee shall generally
establish one (1) Forum in each distribution Zone falling within its area of
supply: Provided that the Distribution Licensee shall be
allowed to establish one (1) Forum for more than one (1) distribution Zone,
depending on the number of cases and work load of the Forum: Provided further that where the area of supply is
the city of Greater Mumbai and adjoining areas, each Distribution Licensee
shall have at least one (1) Forum for such area of supply: Provided also that the area of jurisdiction of the
Forum shall be decided by the Distribution Licensee subject to any guidelines
or directions that may be issued by the Commission, from time to time. Explanation - for the purpose of this Regulation
3.3, the term "distribution Zone" shall mean the geographical area
falling within the jurisdiction of a zonal office of the successor entities of
the Board as may be vested with the functions of distributing electricity
pursuant to re-organisation of the Board. 3.4 The location of approved list of Fora of
Distribution Licensees in the State of Maharashtra is given at Appendix 1: Provided that the Commission may notify any change
in the Appendix 1, including creation of additional Fora in case of increase in
number of cases, through Order, as necessary from time to time, after due
public consultation. 3.5 Every Distribution Licensee shall publish its
internal procedures for redressal of Grievances in accordance with these
Regulations and make the same available to public in English and Marathi at all
cash collection centres and offices of the Distribution Licensee, and inform
consumers through the bills raised on them regarding the availability of such
rules and procedures. 3.6 The Electricity Ombudsman shall review the
internal procedures issued by the Distribution Licensee every quarter on a
post-facto basis and report any inconsistency between the internal procedures
and these Regulations to the Commission: Provided that in case of any inconsistency between
the internal procedures and these Regulations, the Commission may issue
appropriate directions to the Distribution Licensee to incorporate necessary
modifications to the internal procedures: Provided further that the Distribution Licensee
shall accordingly modify the internal procedures and report compliance to the
Commission within one month of receiving such directions. 3.7 The Distribution Licensee shall update and
publish such procedures referred to in Regulation 3.5 at regular intervals
which shall, in particular, include (i) the objects of these Regulations; (ii) the assistance available from the Forum; (iii) the manner of filing a representation before the Electricity Ombudsman; (iv) any additional rules, procedures or circulars made or issued by the
Distribution Licensee in relation to these Regulations and in accordance with
the Act. 3.8 The Distribution Licensees shall constantly
endeavour to take steps in accordance with the requirements herein to provide
as much information suo motu to the public at regular intervals through various
means of communication, including internet, so that information is disseminated
widely and in such form and manner that is easily accessible to the public. Explanation. For the purposes of Regulation 3.7,
"disseminated" means making known or communicating the information to
the public through notice boards, newspapers, public announcements, media
broadcasts, the internet or any other means. 3.9 As part of the internal complaint redressal
system of the Distribution Licensee, a web-based portal shall be created within
six (6) months of notification of these Regulations, whereby consumers can
register their complaints electronically/digitally through SMS, online
registration, web-chat facility and mobile application (in person or through
toll free telephone numbers), which shall be integrated with the complaint
handling system through the Consumer Call Centres: Provided that complaints submitted physically at
the nearest office of the Distribution Licensee shall also continue to be
accepted, for the time-being. 3.10 The Internal Grievance Redressal Cell created
by the Distribution Licensees in accordance with the Maharashtra Electricity
Regulatory Commission (Consumer Grievance Redressal Forum & Electricity
Ombudsman) Regulations, 2006, shall continue to be in existence and shall
function as at present till such time as the web-based portal for internal
complaint redressal by the Distribution Licensee is created and fully
functional: Provided that all pending complaints before the
Internal Grievance Redressal Cell after six (6) months of notification of these
Regulations shall be migrated by the Distribution Licensee to the web-based
portal for internal complaint redressal. 3.11 The complaints registered through the
integrated portal under the internal complaint redressal system shall be
addressed in the following manner: (a)
The Complainant can create their own logins wherein
they can lodge multiple complaints and keep a track of all individual
complaints till the complaint is resolved; (b)
All complaints received shall be automatically
assigned/sent to the respective department/cell, for speedy redressal; (c)
The respective department/cell is required to
provide remedy on the complaint within three (3) working days in case of
complaints related to non-supply, connection, re-connection or disconnection of
supply and fifteen (15) working days for all other complaints, from the date of
registering the complaint; (d)
The concerned officer shall take necessary action
on the complaint and update and/or close the same on the portal; (e)
The Distribution Licensee shall design its own
escalation index for non-resolution/non-closure of complaint depending on the
time elapsed from the date of registering the complaint; (f)
Every Distribution Licensee shall have one officer
in its area/district/zone, depending on the number of complaints received, assigned
specifically for resolution of complaints, who shall be directly reporting to
the Chief Engineer/Zonal Chief of that area; (g)
The portal shall also have a feedback mechanism
with a suggestion window wherein the consumers can register their feedback based
on the service provided; (h)
The Distribution Licensee shall provide quarterly
update to the Electricity Ombudsman on the status of complaints, including
summary of the feedback received from the consumers: Provided that the same shall also be uploaded on
the website in an easy to read format. 3.12 The Electricity Ombudsman shall undertake a
post-facto analysis of the quarterly update submitted by the Distribution
Licensee and may give appropriate directions to the Distribution Licensee. 3.13 The Complainant may approach the Forum
constituted in accordance with Regulation 4, if the complaint is closed on the
web based portal without the consent or satisfaction of the Complainant or
after expiry of 3 days (for complaints related to non-supply, connection, re-connection
or disconnection of supply) or 15 days (for all other complaints) from the date
of registration of complaint, whichever is earlier: Provided that the Consumer may also directly
approach the Forum constituted in accordance with Regulation 4, even if no
complaint has been registered on the web portal. CHAPTER II
FORUM FOR REDRESSAL OF CONSUMER GRIEVANCES 4.1 Each Forum to be constituted by the
Distribution Licensee shall consist of three members, who shall meet the
following criteria: (a)
The Chairperson of the Forum shall be a retired
senior judicial officer; or a retired civil servant not below the rank of a
Collector; or a retired Principal of a reputed Engineering college; or a
retired Professor of the Electrical Engineering Department of a reputed
institute; or a retired senior electrical engineer of the Government; or a
retired engineer from a Distribution Licensee not below the rank of
Superintending Engineer or equivalent officer, and having at least twenty-five
(25) years of experience, with adequate knowledge of power sector: Provided that the Chairperson shall preferably have
working knowledge of the vernacular language of the State of Maharashtra: Provided further that the Chairperson shall be
nominated by the Commission after inviting applications from interested persons
and selecting from shortlisted candidates: Provided also that the Commission shall verify the
integrity and background of such applicants; (b)
One Technical Member shall be a person not below
the rank of Executive Engineer or a person of equivalent rank of any
Distribution Licensee and having at least fifteen (15) years of experience: Provided that the Distribution Licensee shall
ensure that he/she is a person having knowledge and experience in distribution
and supply of electricity and of high integrity and moral background; (c)
One independent Member shall be nominated by the
Commission, who shall have experience of working for at least ten (10) years on
matters concerning consumer Grievances: Provided that such Member shall not have been in
the employment in any capacity under, or agency of, the Distribution Licensee
or provided consultancy services to electricity consumers for a minimum period
of three (3) years prior to being appointed as member of the Forum: Provided further that the Commission shall invite
applications from interested persons and select from shortlisted candidates: Provided also that preference shall be given to a
representative of a registered voluntary consumer protection organization or
Industrial Association: Provided also that preference shall be given to a
person who resides in the same area: Provided also that the Commission shall verify the
integrity and background of such applicants. 4.2 In case the Distribution Licensee has less
than one lakh fifty thousand (1,50,000) consumers in its area of supply in the
State of Maharashtra, the Forum may consist of a single Member, who shall
fulfil the eligibility criteria of sub-clause (a) of Regulation 4.1 above. 4.3 Where the Chairperson is absent or the post of
Chairperson is vacant, the independent Member, who fulfils the eligibility
criteria of sub-clause (c) of Regulation 4.1 above, shall act as the
Chairperson. 4.4 The Distribution Licensee shall ensure that
the post of a Member in the Forum is not kept vacant for a period exceeding
three (3) months: Provided that the process of appointment or
nomination of a Member shall commence within a period of three months before
the superannuation or end of tenure of the Chairperson or Member: Provided further that if the Forum is short of
quorum during the period of vacancy, then the Distribution Licensee shall give
additional charge to a Member of an adjacent Forum for meeting the quorum: Provided also that the Distribution Licensee shall
intimate the Commission at least three months in advance before the end of
tenure of the Chairperson or Independent Member. 4.5 Every Member of the Forum shall hold office
for a fixed term of three (3) years provided that the tenure of a Member
referred to in Regulation 4.1 (b) may be extended once by the Distribution
Licensee or in case of the Member referred to in Regulations 4.1 (a) or (c) by
the Commission for a further period not exceeding two (2) years subject to an
overall age limit of sixty-five (65) years: Provided that the Technical Member of the Forum who
is in the employment of the Distribution Licensee shall cease to be Member of
the Forum upon his transfer, and the Distribution Licensee shall designate
another officer as Technical Member of the Forum who shall comply with the
eligibility criteria set out in sub-clause (b) of Regulation 4.1: Provided further that the extension of tenure of
the Members by the Distribution Licensee shall be done only in consultation
with the Commission: Provided also that the age limit of 65 years shall
be applicable for existing appointments also at the end of their fixed term or
extended term, as applicable. 4.6 No person shall be appointed and/or be entitled
to continue as a Chairperson or Member if he/she stands disqualified on account
of his/her: (a)
having been adjudged an insolvent; (b)
having been convicted of an offence which, in the
opinion of the Electricity Ombudsman, involves moral turpitude; (c)
having become physically or mentally incapable of
acting as such Chairperson or Member; (d)
having acquired such financial or other interest as
is likely to affect prejudicially his/her functions as a Chairperson or Member; (e)
having so abused his/her position as to render his/her
continuance in office prejudicial to public interest; or (f)
having been guilty of proved misbehaviour; (g)
having been found to have failed to deliver the
functions assigned to them or exceeding their brief. 4.7 An existing Chairperson or independent Member
or Technical Member shall be liable to be removed from his/her office forthwith
on account of any of the aforesaid disqualifications arising or being
discovered: Provided that no Chairperson or independent Member
shall be removed by the Commission from his/her office on any ground specified
in the aforesaid clauses of Regulation 4.6 unless the Electricity Ombudsman,
has, on an independent inquiry held by him/her, in accordance with such
procedure as directed by the Commission, reported to the Commission that such
Chairperson or independent Member ought, on such ground or grounds, to be
removed: Provided further that the provisions of Regulation
4.6 shall not be applicable to the Technical Member, who shall be governed by
the service rules/regulations of the Distribution Licensee. 4.8 In case of any Grievance filed by a
Complainant with regard to implementation of Regulation 5.2 of the Maharashtra
Electricity Regulatory Commission (Grid Interactive Rooftop Renewable Energy
Generating Systems) Regulations, 2019, the concerned Forum may take assistance
on technical matters from any Independent Advisor empanelled with the
Maharashtra Energy Development Agency (MEDA): Provided that a Forum may take assistance on
specific technical matters for specific period from any Independent Advisor
empanelled with the Central or State Government, in consultation with the
Electricity Ombudsman. 4.9 The sitting fees, honorarium and/or other
allowances (collectively "Remuneration") payable to the Chairperson
and Members shall be such as may be decided by the Commission: Provided that the Remuneration and the other terms
of office of the Members shall not be changed/varied to the disadvantage of the
Member after his/her appointment: Provided further that the terms and conditions of
service of the Technical Member of the Forum who is in the employment of the
Distribution Licensee shall be governed by the terms and conditions of his
employment with such Distribution Licensee. 4.10 The office
space, secretarial support and other facilities required by Members of the
Forum shall be provided by the Distribution Licensee including the numbers,
nature and categories of staff as may be intimated by the Forum to the
Distribution Licensee, for the efficient functioning of the Forum: Provided that unhindered access to the office of
the Forum shall be provided during the office hours of the Forum, even if the
Forum is located within the premises of the Distribution Licensee: Provided further that the Electricity Ombudsman
shall suggest measures for rationalizing the staff strength for the Fora within
three (3) months of notification of these Regulations, considering the changing
circumstances due to digitization, e-hearings, etc. 4.11 The salaries
and allowances payable to, and other terms and conditions of service of the
staff required to assist the Forum in the discharge of its functions shall be
on the terms and conditions as may be determined by the Distribution Licensee: Provided that the Distribution Licensee shall
ensure that the Fora are financially independent, by providing the appropriate
annual budget and necessary quarterly funds for each Financial Year, which
shall be managed by the Fora, without having to request the Distribution
Licensee for funds and without having to obtain the Distribution Licensee's
approval for the appropriate expenditure incurred using the available funds. 5.1 The location and the timings of the office of
the Forum shall be decided by the Distribution Licensee so as to provide
convenient access to consumers: Provided that when hearings are held by the Forum
at different locations, the Forum shall decide on local office timings and
ensure sufficient publicity for the same. 5.2 The Forum shall pass appropriate Order within
fifteen (15) working days of filing of the Grievance (for Grievance related to
non-supply, connection, re-connection or disconnection of supply) and within
sixty (60) days of filing of the Grievance (for all other Grievances): Provided that if the Order of the Forum is passed
after the completion of the said period of 15 working days or 60 days, as the
case maybe, the Forum shall record the reasons for the same in writing at the
time of disposing of the said Grievance and inform the Electricity Ombudsman: Provided further that all cases where the Forum has
passed the Order after the completion of the said period of 15 working days or
60 days shall be highlighted by the Forum in the Quarterly Report to be
submitted to the Commission under Regulation 26.2. 5.3 In order to expedite disposal of Grievances,
the Forum may also hold sittings at such places within its area of jurisdiction
as may be considered necessary and proper by the Forum: Provided that if the area of jurisdiction of the
Forum covers more than one (1) distribution Zone and there are pending
grievances, then the Forum shall hold at least one sitting on a rotational
basis in every distribution Zone. 5.4 The Forum shall hold such number of sittings
in a month so as to complete the enquiry as expeditiously as possible and to
pass appropriate order within the maximum period specified in Regulation 5.2: Provided that the Forum shall hold at least one
sitting every month, unless there are no pending cases: Provided further that in case of more pending
grievances from a particular district, the Forum may hold sittings on a
rotational basis in such District Headquarter: Provided also that in case there are priority cases
as defined in Regulation 6.1 at more than one District Headquarter within the
jurisdiction of any Forum, the Forum shall hear the cases at a common location
convenient for all District Headquarters, for disposing such priority cases
within the timelines specified in Regulation 5.2. 5.5 The quorum of the Forum shall be two Members,
except where the Forum consists of a single Member. 5.6 In the event the quorum is not present; the
Forum shall be adjourned to the next working day: Provided that if at the adjourned meeting also, the
quorum is not present, the Member present shall be the quorum. 5.7 On completion of the proceedings conducted
under Regulation 8, except where the Forum consists of a single Member, the
Forum shall take a decision by a majority of votes of the Members of the Forum
and in the event of equality of votes, the Chairperson shall have the second
and casting vote: Provided that the acting Chairperson under
Regulation 4.3 shall have the second and casting vote, in case the Chairperson
is absent or the Chairperson's post is vacant. 5.8 The Chairperson shall have the general powers
of superintendence and control over the Forum. 5.9 No act or proceeding of the Forum shall be
deemed to be invalid by reason only of some defect in the constitution of the
Forum or by reason of the existence of a vacancy among its Members. 5.10 The Forum shall comply with such general
directions as the Commission may issue from time to time in the interest of
efficient and effective redressal of Grievances in a timely and expeditious
manner. 5.11 The Distribution Licensee shall give publicity
regarding the existence of the Forum through statements in the bills raised for
the supply of electricity to the consumers and the website of the Distribution
Licensee, and in doing so, shall be guided by, any directions that the
Commission may issue from time to time. 5.12 It shall be a constant endeavour of the
Distribution Licensee to take steps in accordance with the requirements herein
to provide as much information suo motu to the public at regular intervals
through various means of communications, including internet, so that
information is disseminated widely and in such form and manner which is easily
accessible to the public. 5.13 The address, email and phone numbers of the
Fora shall be displayed at all cash collection centres and offices of the
Distribution Licensee that have interface with the consumers, and shall also be
duly publicized, including in the bills raised on the consumers, and the
website of the Distribution Licensee. As far as is possible and practical, the Grievances
shall be prioritized for redressal based on the following priority order: (a)
Non-Supply; (b)
Disconnection of supply; (c)
New Connection; (d)
Meter-related issues; (e)
Billing-related issues; (f)
Other issues: Provided that all Grievances are disposed of within
the time limit specified under these Regulations. 7.1 The Complainant, either directly or through
his duly authorised representative, can submit his/her Grievance on the web
portal or to the appropriate Forum under whose jurisdiction his/her connection
exists or a connection has been applied for. 7.2 The Complainant can also submit his/her
Grievance at the nearest complaint-receiving centre, already established by the
Distribution Licensee. 7.3 Each Distribution Licensee shall create a
web-based portal for submission of Grievances, within six (6) months of
notification of these Regulations, in consultation with the Electricity
Ombudsman and the Consumer Advocacy Cell established within the Commission. 7.4 The Grievance may be submitted either in
person or through post, email or fax or through the web-based portal. 7.5 All complaint-receiving centres shall accept
the Grievances from Complainants falling within the jurisdiction of the Forum: Provided that the Grievance so received along with
other supporting documents shall be forwarded to the relevant Forum within the
next three (3) working days. 7.6 The Grievance submitted through the web-based
portal along with other supporting documents shall be automatically forwarded
to the concerned Forum, and the contact details of the relevant Forum shall be
intimated to the Complainant along with the acknowledgement of the receipt of
the Grievance that shall be auto-generated with serial number and date at the
time of submission. 7.7 The Complainant shall be issued
acknowledgement of the receipt of Grievance by the complaint receiving centre
bearing a serial number and date: Provided that in case of submission of the
Grievance in person, the acknowledgment shall be issued immediately: Provided further that in case of receipt of
Grievance by post, or email , the acknowledgement shall be despatched latest by
the next working day: Provided also that where the Grievance is submitted
by email to the Forum, acknowledgement of the receipt of the Grievance shall be
by return email as promptly as possible but not later than two (2) working
days: Provided also that in case of issuance of
acknowledgment by a complaint-receiving centre, the contact details of the
relevant Forum shall also be issued along with the acknowledgement. 7.8 The Forum shall not admit any Grievance unless
it is filed within two (2) years from the date on which the cause of action has
arisen. 7.9 The Forum shall reject the Grievance at any
stage under the following circumstances: (a)
In cases where proceedings in respect of the same
matter and between the same Complainant and the Licensee are pending before any
court, tribunal, arbitrator or any other authority, or a decree or award or a
final order has already been passed by any such court, tribunal, arbitrator or
authority; (b)
In cases, which fall under Sections 126, 127, 135
to 139, 152, and 161 of the Act; (c)
In cases where the Grievance has been submitted two
(2) years after the date on which the cause of action has arisen; (d)
In cases of recovery of arrears where the bill
amount is not disputed; and (e)
In the case of Grievances, which are: (i) frivolous, vexatious, mala fide; (ii) without any sufficient cause; or (iii) where there is no prima facie loss or damage or inconvenience caused to
the Complainant or the consumers who are represented by an association or group
of consumers: Provided that no Grievance shall be rejected unless
the Complainant has been given an opportunity of being heard. 7.10 The Grievance shall be submitted as per the
format specified in Schedule A of these Regulations: Provided that the Forum shall take cognizance of
any Grievance submitted based on the merit of the case and will not reject any
Grievance for the sole reason of it not having been submitted in the format
specified: Provided further that the Distribution Licensee
shall, in its website, upload the format set out in Schedule A to these
Regulations in word form so as to enable consumers, at their option, to submit
their Grievance in electronic form: Provided also that all enclosures to such Grievance
submitted in electronic form shall be submitted in scanned form: Provided also that submission of Grievance in
electronic form shall be as per the rules and procedures as may be laid down by
the Commission from time to time. 8.1 The Forum shall forward a copy of the
Grievance to the Nodal Officer designated by the Distribution Licensee, within
three (3) working days of receipt of the Grievance, for redressal or to file
its reply to the Grievance. 8.2 The Nodal Officer shall act as the
co-ordinator for filing of reply, making submissions, providing issue-wise
comments on the Grievance, submitting compliance status/reports, etc., before
the Forum and/or the Electricity Ombudsman, as the case may be. 8.3 The Nodal Officer shall furnish paragraph-wise
comments to the Forum on the Grievance within five (5) working days (for
Grievance related to non-supply, connection, re-connection or disconnection of
supply) or fifteen (15) working days (all other Grievances) of receipt of the
copy of Grievance from the Forum or within such other time as it may direct,
failing which the Forum shall proceed on the basis of the material available on
record: Provided that the Forum may grant extension of
maximum seven (7) days to the Licensee for submission of reply on case to case
basis, except in case of Grievance related to non-supply, connection,
re-connection or disconnection of supply, wherein no extension may be granted
for submission of reply. 8.4 The internal procedures published by the
Distribution Licensee in accordance with Regulation 3.5 of these Regulations,
shall specifically prescribe the above-specified timelines for furnishing of
replies. 8.5 In case the Nodal Officer repeatedly fails to
submit the reply within the prescribed time limit, the Chairperson of the CGRF
may bring such failure to the notice of the concerned reporting officer of the
Nodal Officer for initiating appropriate administrative action. 8.6 The Forum may call for any record from the
respondent party or from the Complainant as is relevant for examination and
disposal of the Grievance, and both the parties shall be under obligation to
provide such information, document or record as the Forum may call for: Provided that where a party fails to furnish such
information, document or record and the Forum is satisfied that the party in
possession of the record is withholding it deliberately, it may draw an adverse
inference. 8.7 The Forum may also direct the Distribution
Licensee to undertake an inspection or engage a third-party to undertake such
inspection with regard to the Grievance, as may be required for the expeditious
redressal of the Grievance. 8.8 The Forum can also engage a third-party (other
than the Licensee) at the instance and request of the Complainant, to undertake
inspection and obtain an independent report: Provided that the Forum shall record the reasons
for the need for such third-party inspection, which should generally be
resorted to rarely and keeping in view the special circumstances of a case: Provided further that the expenses of such
third-party inspection, except expenses of inspection at the request of the Complainant,
shall be borne by the Licensee, and to the extent reasonable and justifiable,
such expenses shall be allowed as pass through expense in the determination of
tariff in accordance with the relevant Regulations of the Commission: Provided also that in case inspection is taken up
at the request of the Complainant, the expenses shall be deposited in advance
by him, which may or may not be refunded by the Licensee depending on whether
the Grievance is found to be of substance or not. 8.9 The Forum shall communicate the date of
hearing of the Grievance in writing to the Distribution Licensee and the
Complainant: Provided that the hearing may also be held through
video-conferencing or similar arrangements, as appropriate, provided the
Complainant has access to such facilities. 8.10 A Complainant, Distribution Licensee or any
other person who is a party to any proceedings before the Forum may either
appear in person or authorise any representative other than an Advocate (within
the meaning of the Advocates Act, 1961), to present his case before the Forum
and to do all or any of the acts for the purpose, subject to production of duly
authenticated authorisation made by the party in favour of such representative,
and subject to the condition that he, - (a)
is appearing on an individual case basis; (b)
has a pre-existing relationship with the
Complainant (such as: a relative, neighbour, business associate or personal
friend); (c)
is not receiving any form of, direct or indirect,
remuneration for appearing before the Forum and files a written declaration to
that effect; (d)
demonstrates to the Forum that he is competent to
represent the party. 8.11 The Forum may within its discretion disallow
any representative to appear before it in any case, for reasons to be recorded
in writing, on account of breach of the terms of the undertaking or misconduct
or failure in providing proper assistance to the Forum. 8.12 Any party appearing through a representative,
shall be bound by the acts or omissions of such representative: Provided that such representative shall not be
permitted to withdraw any complaint or claim or any part thereof on behalf of
the party without producing written consent from the party allowing him for
withdrawal of the complaint or claim or part thereof. 8.13 Any party shall not be bound by an act of any
representative where it is shown to the satisfaction of the Forum that the
representative committed any act of fraud, which adversely affected interest of
the party concerned. 8.14 Where the Complainant or the Licensee or their
representative fails to appear before the Forum on the date fixed for hearing,
the Forum may decide the Grievance ex-parte: Provided that no adjournment shall ordinarily be
granted by the Forum unless sufficient cause is shown and the reasons for the
grant of adjournment have been recorded in writing by the Forum. 8.15 The Forum shall be guided by the principles of
natural justice. 8.16 The Forum shall not be bound by the Code of
Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872)
as in force from time to time. 8.17 The Commission may direct the concerned Forum,
in writing and with reasons, to take up any matter, provided that the same
falls within the jurisdiction of the Forum. 8.18 The Forum may, at its discretion, designate any
person whom the Forum considers appropriate to, - (i) present the case of a party which cannot afford to engage its
representative, or (ii) act as amicus curiae to assist the Forum in its proceedings. 9.1 After considering the Grievance submitted by
the Complainant, issue-wise comments on the Grievance submitted by the
Distribution Licensee and all other records available, and after affording
reasonable opportunity of being heard to the parties, the Forum shall complete
the proceedings and pass appropriate order for redressal of the Grievance
within the time specified in Regulation 5.2. 9.2 If, after the completion of the proceedings,
the Forum is satisfied after voting that any of the allegations contained in
the Grievance is correct, it shall issue an order to the Distribution Licensee
directing it to do one or more of the following things in a time bound manner,
namely- (a)
remove the cause of Grievance in question; (b)
return to the Complainant the undue charges paid by
the Complainant along with interest, at the rate equal to Bank Rate declared by
the Reserve Bank of India prevailing during the relevant period; (c)
pay such amount as may be awarded by it as
compensation to the Complainant as specified by the Commission in the standards
of performance of Distribution Licensees: Provided that in no case shall any Complainant be
entitled to indirect, consequential, incidental, punitive, or exemplary
damages, loss of profits or opportunity; (d)
any other order, deemed appropriate in the facts
and circumstances of the case: Provided that the Forum may order partial relief to
the Complainant under appropriate circumstances, duly recorded with proper
justification. 9.3 Every Order made by the Forum shall be a
reasoned Order either in Marathi or English and signed by the Members
conducting the proceedings: Provided that where the Members differ on any point
or points, the opinion of the majority shall be the Order of the Forum: Provided further that the opinion of the minority
shall however, be recorded and form part of the Order, and shall be issued
along with the Order passed by the majority. 9.4 The Forum shall ensure that all Orders are
consistent with the Commission's Regulations and Orders: Provided that the Order issued by the Forum shall
specifically mention the applicable Regulations and Orders based on which its
Order has been passed: Provided further that the Forum on its own shall
not interpret and rule beyond the applicable Regulations and Orders. 9.5 In case any issue is not fully covered in the
Commission's Regulations or Orders, the issue shall necessarily be referred to
the Commission for its guidance: Provided that the Distribution Licensee may also
refer such an issue to the Commission under Regulation 31 of these Regulations. 9.6 A certified copy of the Order passed by the
Forum shall be communicated to the parties within three days of such Order. 9.7 The Order passed or direction issued by the
Forum shall be implemented or complied with by the Distribution Licensee or the
person required by the order or direction to do so within the time frame
stipulated in the Order/directions: Provided that intimation of such compliance shall
be made to the Forum and the Complainant and shall also be updated on the web
portal within seven (7) working days from the date of compliance. 9.8 Non-compliance of the Order of the Forum shall
be treated as violation of the Regulations of the Commission and accordingly
liable for action under Sections 142 and 146 of the Act. 9.9 Notwithstanding the provisions of Regulation
9.2, the Forum may pass such interim Orders, pending the final decision on the
Grievance, on the request of the Complainant: Provided that the Forum shall have the powers to
pass such interim Order in any proceeding, hearing or matter before it as it
may consider appropriate, if the Complainant satisfies the Forum that prima
facie, the Distribution Licensee has threatened or is likely to remove or
disconnect the electricity connection, and has or is likely to contravene any
of the provisions of the Act or any Rules and Regulations made thereunder or
any Order of the Commission, provided that, the Forum has jurisdiction on such
matters: Provided further that such interim Order shall be
issued within 10 days of receipt of Grievance: Provided also that in case of disconnection related
to billing dispute, the Forum may provide interim relief to the consumer by
directing the Distribution Licensee to not disconnect the supply, only if the
consumer deposits 50 percent of the disputed amount: Provided also that, except where it appears that
the object of passing the interim Order would be defeated by delay, no such
interim Order shall be passed unless the opposite party has been given an
opportunity of being heard. 10.1 Any person aggrieved by an order of the Forum,
including the Distribution Licensee, may apply for a review of such Order
within thirty (30) days of the date of the order to the same Forum, under the following
circumstances: (a)
Where no appeal or Representation has been
preferred; (b)
on account of some mistake or error apparent from
the face of the record; (c)
upon the discovery of new and important matter or
evidence which, after the exercise of due diligence, was not within his
knowledge or could not be produced by him at the time when the order was
passed. 10.2 An application for such review shall clearly
state the matter or evidence which, after the exercise of due diligence, was
not within his knowledge or could not be produced by him at the time when the
order was passed or the mistake or error apparent from the face of the record. 10.3 The review application shall be accompanied by
such documents, supporting data and statements as the Forum may determine. 10.4 The review shall be heard by the same bench
that has issued the original Order that is subject to review: Provided that in case the review has to be heard by
a different bench, on account of retirement/demission of office of Member/s who
passed the original Order, the review application shall be processed only after
obtaining the permission of the Electricity Ombudsman. 10.5 When it appears to the Forum that there is no
sufficient ground for review, the Forum shall reject such review application: Provided that no application shall be rejected
unless the applicant has been given an opportunity of being heard. 10.6 When the Forum is of the opinion that the
review application should be granted, it shall grant the same: Provided that no such application will be granted
without previous notice to the opposite side or party to enable him to appear
and to be heard in support of the order, the review of which is applied for. 11.1 Any Person shall be entitled to a copy of the
Orders of the Forum or take extracts therefrom, subject to payment of a cost,
which shall not be more than the cost of photocopying and complying with other
terms, which the Forum may direct: Provided that an applicant making request for
information shall not be required to give any reason for requesting the
information or any other personal details except those that may be necessary
for contacting him. 11.2 Notwithstanding anything contained in Regulation
11.1, there shall be no obligation to give to any Person, (a)
information including commercial confidence, trade
secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the Forum is satisfied that
larger public interest warrants the disclosure of such information; or (b)
information which would impede the process of
investigation or apprehension or prosecution of offenders. 12.1 The Forum shall comply with such general
directions as the Commission may issue from time to time in the interest of
efficient and effective redressal of grievances in a timely and expeditious
manner. 12.2 The Commission shall have the general powers of
superintendence over the Forum and the Forum shall duly comply with such
directions as the Commission may issue from time to time. CHAPTER III
ELECTRICITY OMBUDSMAN 13.1 The Commission shall designate or appoint one
or more persons to be the Electricity Ombudsman to exercise such powers and
discharge such functions entrusted by or under the provisions of the Act and/or
under these Regulations. 13.2 The appointment or designation of the person(s)
as the Electricity Ombudsman shall be made for a fixed term of three (3) years: Provided that the tenure of the Electricity
Ombudsman may be extended by the Commission for a further period not exceeding
two (2) years subject to an overall age limit of sixty-five (65) years: Provided further that the age limit of 65 years
shall be applicable for existing appointments also at the end of their fixed
term or extended term, as applicable. 13.3 The Electricity Ombudsman may relinquish his
office by giving in writing to the Commission a prior notice of not less than
three (3) months. 13.4 Where the Commission is satisfied that in the
public interest and for the reasons set out below, it is necessary to remove
the person discharging the duties of an Electricity Ombudsman, the Commission
may for reasons to be recorded in writing, remove the person discharging the
duties of Electricity Ombudsman, if such person: (a)
has been adjudged an insolvent; (b)
has been convicted of an offence which, in the
opinion of the Commission, involves moral turpitude; (c)
has become physically or mentally incapable of
acting as Electricity Ombudsman; (d)
has acquired such financial or other interest as is
likely to affect prejudicially his/her functions as Electricity Ombudsman; (e)
has abused his/her position so as to render his/her
continuance in office prejudicial to the public interest; or (f)
has been guilty of proved misbehaviour; (g)
has been found to have failed to deliver the
functions assigned to him/her or exceeded his/her brief: Provided that the Electricity Ombudsman shall not
be removed from his/her office on any ground specified in the aforesaid clauses
(d), (e), (f) and (g) unless the Commission, has, on an inquiry, concluded that
the person ought, on such ground or grounds, to be removed. The territorial jurisdiction of the Electricity
Ombudsman shall extend to the whole or part of the State of Maharashtra: Provided that the Commission may appoint or
designate more than one Electricity Ombudsman with defined territorial
jurisdiction: Provided that if any Electricity Ombudsman post is
vacant or if the Electricity Ombudsman is unable to discharge his/her duties,
then the Commission may give additional charge to the other Electricity
Ombudsman for addressing the representations pending before that Electricity
Ombudsman. 15.1 The office(s) of the Electricity Ombudsman(s)
will be located at such place(s) as may be determined by the Commission. 15.2 In order to expedite disposal of Grievances,
the Electricity Ombudsman may hold sittings at such places within his/her area
of jurisdiction as may be considered necessary and proper by him/her in respect
of a representation before him/her. 15.3 The Commission shall provide the Electricity
Ombudsman with a Secretariat, with the staff strength of the Secretariat and
terms and conditions of appointment of the staff being determined by the
Commission from time to time. 15.4 All expenses of the Electricity Ombudsman's
office including that of the Secretariat shall be paid out of the Fund
constituted under Section 103 of the Act. 15.5 The post of Electricity Ombudsman shall be a
full-time post. 15.6 The name, location, email address and telephone
numbers of the Electricity Ombudsman shall be widely publicised through
newspapers, radio and television, and displayed on the websites and the offices
of the Licensees and the Commission and intimated to consumers through
electricity bills. 16.1 The Electricity Ombudsman shall be constituted
from amongst a retired judge of a High Court or District Court, a retired
Secretary to the Government or equivalent officer, or retired Officer of the
rank of Executive Director or equivalent or above of an electricity sector
utility, or any other person of equivalent level, and having at least three (3)
years of experience in the above-specified positions. 16.2 The Commission shall invite applications
through public advertisement for the appointment of the Electricity Ombudsman. 16.3 The Electricity Ombudsman shall be a person of
experience, ability, integrity and standing: Provided that the Commission shall verify the
integrity and background of the applicants for the post of Electricity Ombudsman. The remuneration and other allowances payable to
the Electricity Ombudsman will be determined by the Commission from time to
time and shall be paid out of the Fund constituted under Section 103 of the
Act: Provided that the remuneration and the other terms
of office of the Electricity Ombudsman shall not be changed/varied to the
disadvantage of the Electricity Ombudsman after his/her appointment or
re-appointment. The Electricity Ombudsman shall have the following
powers and duties: (a)
to receive from Complainants, representations
against Orders of the Forum and consider such representations and facilitate
their satisfaction or settlement by agreement, through conciliation and
mediation between the Distribution Licensee and the Complainant or by passing
an Order in accordance with these Regulations; (b)
to exercise general powers of superintendence and
administrative control over his Secretariat/office, and be responsible for the
conduct of business thereat; (c)
to incur expenditure on behalf of the office: Provided that in order to exercise such power, the
Electricity Ombudsman will draw up an annual budget for his office in
consultation with the Commission and shall exercise the powers of expenditure
within the approved budget; (d)
to conduct independent inquiry against the
Chairperson and/or independent Member of the Forum in accordance with
Regulation 4.7; (e)
to consult with the Forum regarding appointment of
Independent Advisor in accordance with Regulation 4.7; (f)
to advise the Distribution Licensee on the creation
of the web-based portal for submission of Grievances; (g)
to suggest measures for rationalizing the staff
strength for the Fora, considering the changing circumstances due to
digitization, e-hearings, etc.; (h)
to discharge such functions as the Commission, may
by order, direct or assign, from time to time. 19.1 Any Complainant, who is aggrieved by the
non-redressal of his Grievance by the Forum, may, either directly or through
his duly authorised representative, make a representation for redressal of his
Grievance to the Electricity Ombudsman within sixty (60) days from the date of
the Order of the Forum: Provided that the Electricity Ombudsman may
entertain a representation after the expiry of the said period of sixty (60)
days if he/she is satisfied that there was sufficient cause for not filing it
within the said period. 19.2 The Electricity Ombudsman shall create a
web-based portal for submission of representations, within six (6) months of
notification of these Regulations, in consultation with the Consumer Advocacy
Cell established within the Commission. 19.3 The representation may be submitted either in
person or through post, email or fax or on the web-based portal of the
Electricity Ombudsman. 19.4 The representation to be made before the
Electricity Ombudsman shall be in writing in the form specified and set out in
Schedule B of these Regulations and duly signed by the consumer and shall
state/provide clearly the information required thereunder including inter alia (i) the name and address of the consumer; (ii) the facts giving rise to the representation supported by documents, if
any, that are desired to be relied upon by the consumer, and (iii) the relief
sought from the Electricity Ombudsman. 19.5 The Electricity Ombudsman shall send an
acknowledgement of receipt of the representation to the consumer bearing a
serial number and date: Provided that in case of submission of the
representation in person, the acknowledgment shall be issued immediately: Provided further that in case of receipt of
representation by post, email or fax, the acknowledgement shall be despatched
latest by the next working day: Provided also that where the representation is
submitted by email to the Electricity Ombudsman, acknowledgement of the receipt
of the representation shall be by return email as promptly as possible. 19.6 After registering the representation, the
Electricity Ombudsman, within three (3) days of registration, shall call for
records relating to the representation from the concerned Forum. 19.7 The concerned Forum shall send the entire
records within five (5) days from the date of receipt of such notice, to the office
of the Electricity Ombudsman. 19.8 The Electricity Ombudsman may require the
Licensee or any of the officials, representatives or agents of the Licensee to
furnish documents, books, information, data and details as may be required to
decide the representation and the Licensee shall duly comply with such
requirements of the Ombudsman. 19.9 The Electricity Ombudsman may, in the first
instance, endeavour to promote a settlement of the representation received
through conciliation or mediation, by inviting the parties to do so, within
fifteen (15) days from the date of receipt of the representation. 19.10 If both
parties provide their consent to settle the representation through conciliation
or mediation, the Electricity Ombudsman shall direct each party to submit to
him a brief written statement describing the general nature of the dispute, the
points at issue, the facts and grounds in support thereof, supplemented by any
documents and other evidence that such party deems appropriate, with a copy to
the other party. 19.11 The
Electricity Ombudsman shall assist the parties in an independent and impartial
manner in their attempt to reach an amicable settlement of their dispute. 19.12 The
Electricity Ombudsman shall attempt to facilitate voluntary resolution of the
dispute by the parties, and communicate the view of each party to the other,
assist them in identifying issues, reducing misunderstandings, clarifying
priorities, exploring areas of compromise and generating options in an attempt
to solve the dispute, emphasizing that it is the responsibility of the parties
to take decision which affect them. 19.13 When a
representation is settled through conciliation or mediation of the Electricity
Ombudsman, the Electricity Ombudsman shall send the copies of the recommendation,
which he thinks fair in the circumstances of the case, to the Complainant and
the Licensee: Provided that the parties may submit their
observations on the recommendation for the consideration of the Electricity
Ombudsman, and the Electricity Ombudsman may reformulate the terms of a
possible settlement in the light of such observations. 19.14 If the
Complainant and the Licensee accept the recommendation of the Electricity
Ombudsman, they will send a communication in writing within fifteen (15) days
of the date of receipt of the recommendation: Provided that the Complainant and the Licensee will
confirm their acceptance to the Electricity Ombudsman and state clearly that
the settlement communicated is acceptable to them, in totality, in terms of the
recommendations made by the Electricity Ombudsman, and are in full and final
settlement of the representation. 19.15 The
Electricity Ombudsman shall make a record of such an agreement as his/her
orders and thereafter close the case. 19.16 If either party
does not give consent to settle the representation through conciliation or
mediation or the representation is not settled by agreement, the Electricity
Ombudsman may give an Order after affording the parties reasonable opportunity
to present their case: Provided that the Electricity Ombudsman shall
notify the Distribution Licensee and the Complainant who has submitted the
representation, regarding the date of hearing in writing, giving sufficient
advance notice: Provided that the hearing may also be held through
video-conferencing or similar arrangements, as appropriate, provided the
Complainant has access to such facilities. 19.17 Any party to
any proceedings before the Electricity Ombudsman may either appear in person or
authorise any representative other than an Advocate (within the meaning of the
Advocates Act, 1961), to present his case before the Electricity Ombudsman and
to do all or any of the acts for the purpose, subject to production of duly
authenticated authorisation made by the party in favour of such representative,
and subject to the condition that he, - (a)
is appearing on an individual case basis; (b)
has a pre-existing relationship with the
Complainant (such as: a relative, neighbour, business associate or personal
friend); (c)
is not receiving any form of, direct or indirect,
remuneration for appearing before the Electricity Ombudsman and files a written
declaration to that effect; (d)
demonstrates to the Electricity Ombudsman that he
is competent to represent the party. 19.18 The
Electricity Ombudsman may within his discretion disallow any representative to
appear before him in any case, for reasons to be recorded in writing, on
account of breach of the terms of the undertaking or misconduct or failure in
providing proper assistance to the Electricity Ombudsman. 19.19 Any party
appearing through a representative, shall be bound by the acts or omissions of
such representative: Provided that such representative shall not be
permitted to withdraw any complaint or claim or any part thereof on behalf of
the party without producing written consent from the party allowing him for
withdrawal of the complaint or claim or part thereof. 19.20 Any party
shall not be bound by an act of any representative where it is shown to the
satisfaction of the Electricity Ombudsman that the representative committed any
act of fraud, which adversely affected interest of the party concerned. 19.21 Where any
person who is a party to the proceedings before the Electricity Ombudsman fails
to appear on the date of hearing as may be fixed in this behalf, the
Electricity Ombudsman may decide the representation ex-parte: Provided that no adjournment shall ordinarily be
granted by the Electricity Ombudsman unless sufficient cause is shown and the
reasons for the grant of adjournment have been recorded in writing by the
Electricity Ombudsman. 19.22 The
Electricity Ombudsman shall entertain a representation only if all the
following conditions are satisfied: (a)
It has been filed by the Complainant being the
aggrieved consumer either directly or through his duly authorised
representative or the Association representing the consumer/s; Explanation: A Distribution Licensee is not allowed
to file a representation before the Electricity Ombudsman against the order of
the Forum. (b)
The Complainant had, before making a representation
to the Electricity Ombudsman, approached the Forum constituted under Section
42(5) of the Electricity Act, 2003 for redressal of his/her grievance; (c)
The Complainant has submitted a written
representation in the specified form, to the Electricity Ombudsman; (d)
It has been shown to the Electricity Ombudsman that
(i) the Forum has rejected the Grievance, or (ii) the Forum has not passed an
order on the Grievance for its redressal within a maximum period of 15 days or
60 days, as applicable, from the date of receipt of the Grievance by the Forum,
or (iii) there has been undue delay in the disposal of the Grievance by the
Forum even after the period stated above; (e)
The representation against an order of the Forum is
made within the period set out in these Regulations; (f)
The Electricity Ombudsman is satisfied that the
representation is not in respect of the same subject matter that has been
settled by him in any previous proceedings; (g)
The representation by the Complainant, in respect
of the same Grievance, is not pending in any proceedings before any court,
tribunal or arbitrator or any other authority, or a decree or award or a final
order has not already been passed by any such court, tribunal, arbitrator or
authority; (h)
The consumer has deposited in the stipulated
manner, fifty percent of the amount, if any, that is required to be paid by him
in terms of the order of the Forum or twenty-five thousand rupees, whichever is
less. 19.23 The
Commission may direct the Electricity Ombudsman, in writing and with reasons,
to take up any matter, provided that the same falls within the jurisdiction of
the Electricity Ombudsman. 19.24 Subject to
the provisions of the Act and this Regulation, the Electricity Ombudsman's
decision on whether the representation is fit and proper for being considered
by it or not, shall be final. 19.25 The
Electricity Ombudsman may reject the representation at any stage, if it appears
to him that the representation is: (a)
frivolous, vexatious, mala fide; (b)
without any sufficient cause; (c)
there is no prima facie loss or damage or
inconvenience caused to the Complainant: Provided that the decision of the Electricity
Ombudsman in this regard shall be final and binding on the consumer and the
Distribution Licensee: Provided further that no representation shall be
rejected in respect of sub-clauses (a), (b), and (c) unless the Complainant has
been given an opportunity of being heard. 20.1 The Electricity Ombudsman shall complete the
enquiry as expeditiously as possible and every endeavour shall be made to
decide the representation within a period of fifteen (15) working days of
receipt of the representation (for representation related to non-supply,
connection, re-connection or disconnection of supply) and within sixty (60)
days of receipt of the representation (for all other representations): Provided that in the event of the representation
being disposed of after the completion of the time period of 15 working days or
60 days, as applicable, the Electricity Ombudsman shall record, in writing, the
reasons for the same. 20.2 The Electricity Ombudsman shall pass a written
Order giving reasons for all his/her findings, which shall state the nature of
the reliefs to which the Complainant is entitled as per the Order. 20.3 The Electricity Ombudsman shall be guided by
such factors, which in the opinion of the Electricity Ombudsman are necessary
in the interest of justice and shall ensure transparency while exercising its
powers and discharging its functions in compliance with the principles of
natural justice: Provided that the Electricity Ombudsman shall not
be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence
Act, 1872 (1 of 1872) as in force from time to time. 20.4 The order
passed by the Electricity Ombudsman shall set out - (a)
issue-wise decisions; (b)
reasons for passing the order; and (c)
directions, if any, to the Distribution Licensee or
Complainant or any other order, deemed appropriate in the facts and
circumstances of the case; and/or (d)
directions for adjustment or refund of amount or
fees deposited in terms of Regulation 19.21(h) along with interest, at the Bank
Rate declared by the Reserve Bank of India prevailing during the relevant
period; and/or (e)
directions to pay such amount as may be awarded by
it as compensation to the Complainant for any loss or damage suffered by the
consumer: Provided, however, that in no case shall any
Complainant be entitled to indirect, consequential, incidental, punitive, or
exemplary damages, loss of profits or opportunity. (f)
directions to pay such amount as compensation as
specified by the Commission in the Standards of Performance of Distribution
Licensees. 20.5 The
Electricity Ombudsman shall ensure that all Orders are consistent with the
Commission's Regulations and Orders: Provided that the Order issued by the Electricity
Ombudsman shall be a reasoned and speaking Order and specifically mention the
Regulations and Orders based on which its Order has been passed. 20.6 In case any
issue is not fully covered in the Commission's Regulations or Orders, the issue
shall necessarily be referred to the Commission for its guidance. 20.7 The
Electricity Ombudsman may pass such interim orders, at any stage during the
disposal of the representation, on the request of the Complainant: Provided that the Electricity Ombudsman shall have
the powers to pass such interim order in any proceeding, hearing or matter
before it, as it may consider appropriate, if the Complainant satisfies the
Electricity Ombudsman that prima facie the Distribution Licensee has threatened
or is likely to remove or disconnect the electricity connection, and has or is
likely to contravene any of the provisions of the Act or any rules and
regulations made thereunder or any order of the Commission, provided that, the
Electricity Ombudsman, has jurisdiction on such matters: Provided further that, except where it appears that
the object of passing the interim order would be defeated by delay, no such
interim order shall be passed unless the opposite party has been given an
opportunity of being heard. 20.8 A copy of the
order shall be sent to the Complainant and the Distribution Licensee named in
the representation, and a copy of the order shall also be sent to the concerned
Forum for information. 20.9 An order
passed or direction issued by the Electricity Ombudsman shall be binding on the
parties so named in the order or direction and such order or direction shall be
implemented or complied with by the Distribution Licensee or the person
required by the order or direction to do so and within the time frame
stipulated therein: Provided that intimation of such compliance shall
be made to the Electricity Ombudsman within the time frame stipulated in that
regard therein. 20.10
Non-compliance of the Electricity Ombudsman's orders shall be deemed to be a
violation of these Regulations and liable for appropriate action by the
Commission under Sections 142 and 146 of the Electricity Act, 2003. 20.11 In the event
of non-compliance/non-implementation by the Distribution Licensee of any Order
passed by the Electricity Ombudsman, the Complainant may approach the
Commission for the enforcement of the order within a period of 30 days of the
passing of the order or from the expiry of the time granted for the
implementation of the order by the Electricity Ombudsman, whichever is later: Provided that the Commission may issue any order
(including an order imposing fines and penalties on the Distribution Licensee,
as provided for under the Act) or take any other steps, as it deems appropriate
for the enforcement of the Order. 20.12 No party can
file an appeal before the Commission against the order passed by the
Electricity Ombudsman: Provided that the Complainant and the Distribution
Licensee are entitled to seek appropriate remedy against the order passed by
the Electricity Ombudsman before appropriate bodies. 21.1 Where the Forum has disposed of the Grievance
and the order of the Forum is reversed or set aside in the proceedings before
the Electricity Ombudsman, the Electricity Ombudsman may, if it thinks fit and
necessary, by order remand the Grievance to the Forum. 21.2 The Electricity Ombudsman may further direct
what issue or issues shall be decided in the Grievance so remanded, and shall
send a copy of its order to the Forum from whose order the representation has
been preferred to Electricity Ombudsman, with such directions as may be necessary
to consider the Grievance and pass orders accordingly. 22.1 Any person aggrieved by an order of the
Electricity Ombudsman, including the Distribution Licensee, may apply for a
review of such order within thirty (30) days of the date of the order to the
Electricity Ombudsman, under the following circumstances: (a)
Where no appeal has been preferred; (b)
on account of some mistake or error apparent from
the face of the record; (c)
upon the discovery of new and important matter or
evidence which, after the exercise of due diligence, was not within his
knowledge or could not be produced by him at the time when the order was
passed. 22.2 An application for such review shall clearly
state the matter or evidence which, after the exercise of due diligence, was
not within his knowledge or could not be produced by him at the time when the
order was passed or the mistake or error apparent from the face of the record. 22.3 The review application shall be accompanied by
such documents, supporting data and statements as the Electricity Ombudsman may
determine. 22.4 When it appears to the Electricity Ombudsman
that there is no sufficient ground for review, the Electricity Ombudsman shall
reject such review application: Provided that no application shall be rejected
unless the applicant has been given an opportunity of being heard. 22.5 When the Electricity Ombudsman is of the
opinion that the review application should be granted, it shall grant the same
provided that no such application will be granted without previous notice to
the opposite side or party to enable him to appear and to be heard in support
of the order, the review of which is applied for. 23.1 The Electricity Ombudsman may require the
Distribution Licensee or any of its officials, representatives or agents and
the Forum named in the representation to furnish any information or certified
copies of any documents, books, data, and details relating to the subject matter
of the representation, which is or is alleged to be in the knowledge or
possession of the Distribution Licensee or any of its officials,
representatives or agents and the Forum: Provided that in the event of failure of a
Distribution Licensee to comply with the requisition without any sufficient
cause, the Electricity Ombudsman may, if deemed fit, proceed to settle the case
on the basis of the records available with the Electricity Ombudsman. 23.2 The Electricity Ombudsman may also direct the
Distribution Licensee to undertake an inspection. 23.3 Notwithstanding Regulation 23.2, the
Electricity Ombudsman may engage a third-party to undertake such inspection, as
may be required for the expeditious disposal of the representation and
redressal of the Grievance: Provided that the Electricity Ombudsman shall
record the reasons in writing requiring the engagement of third party to
undertake such inspection. 23.4 The expenses of such inspection to be
undertaken by third-party as referred to in Regulation 23.3 shall be borne by
the Distribution Licensee and to the extent reasonable and justifiable, such
expenses shall be allowed in the determination of tariff in accordance with the
relevant Regulations of the Commission. 24.1 Any Person shall be entitled to a copy of the
orders of the Electricity Ombudsman or take extracts therefrom, subject to
payment of a cost, which shall not be more than the cost of photocopying and
complying with other terms, which the Electricity Ombudsman may direct: Provided that an applicant making request for
information shall not be required to give any reason for requesting the
information or any other personal details except those that may be necessary
for contacting him. 24.2 Notwithstanding anything contained in
Regulation 24.1, there shall be no obligation to give to any Person, (a)
information including commercial confidence, trade
secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the Electricity Ombudsman is
satisfied that larger public interest warrants the disclosure of such
information; or (b)
information which would impede the process of
investigation or apprehension or prosecution of offenders. CHAPTER IV
CONSUMER ADVOCACY Upon receiving a request, the Distribution Licensee
shall ensure that copies of these Regulations are made available to the
consumers on payment of a cost, which shall not be more than the cost of
photocopying. 26.1 The Fora and Electricity Ombudsman shall
maintain true and correct records of all Grievances and representations
received by them from time to time and make available such records for
inspection by the Commission as the Commission may require. 26.2 The Fora and Electricity Ombudsman shall submit
to the Commission, in the form as may be stipulated by the Commission,
quarterly reports in respect of Grievances and representations filed, redressed
and pending, within fifteen (15) days of the end of each quarterly period, with
the following details: (a)
Consumer category-wise distribution of complaints; (b)
Number of Cases disposed within specified time; (c)
Consumer category-wise compensation awarded; (d)
Case-wise reasons for delay in disposal with
respect to specified time; (e)
Compliance with requirement of number of sittings
in each area; (f)
Vacancies and duration of vacancies; (g)
Number of Orders appealed against; (h)
Number of Orders set aside by the Electricity
Ombudsman; (i)
Number of Cases where compliance of Order has been
recorded; (j)
Consumer advocacy workshops conducted by the Forum; (k)
New local initiatives. 26.3 The quarterly Reports shall also be uploaded on
the web-based portal to be created by the Distribution Licensee under
Regulation 7.3, at the same time, the Reports are submitted to the Commission: Provided that the features of the web portal shall
be got approved from the Commission and shall be updated periodically as may be
directed by the Commission. 26.4 The Forum shall also furnish a yearly report
containing a general review of the activities of the Forum during the financial
year to the Distribution Licensee, Commission and Electricity Ombudsman, within
45 days of the close of the financial year to which it relates. 26.5 It shall be the duty of every Distribution
Licensee to furnish to the Commission such information relating to the
composition of the Fora along with qualification of Members, vacancies arising
therein and other statistics as it may require and at such times and in such
form and manner as may be directed by the Commission. Provided that the Distribution Licensee shall
forthwith inform the Commission if the post of a Member in the Forum is vacant
for a period exceeding three (3) months. 26.6 The Commission may take appropriate action
against the CGRF including debarring the Members/Chairperson from their duty,
in case of continued nonperformance as assessed by the Consumer Advocacy Cell
in accordance with clause (a) of Regulation 29.5: Provided that non-submission of quarterly Reports
on time and disposal of grievances beyond the time limit shall be viewed
equally adversely, unless there are any extenuating circumstances, and the
Commission may take appropriate action as specified above in such cases. 26.7 The Commission may take appropriate action
against the Electricity Ombudsman including debarring the Electricity Ombudsman
from his/her duty, in case of continued non-performance as assessed by the
Commission in accordance with Regulation 29.6: Provided that non-submission of quarterly Reports
on time and disposal of grievances beyond the time limit shall be viewed
equally adversely, unless there are any extenuating circumstances, and the
Commission may take appropriate action as specified above in such cases. 26.8 Each Distribution Licensee shall undertake a
consumer satisfaction survey, once in every two (2) years, through an
independent third-party agency: Provided that the first such survey shall be
undertaken within one (1) year of notification of these Regulations: Provided further that such survey shall cover the
entire licence area and inter-alia address parameters related to power quality,
service, billing and payment, information availability, and complaint handling: Provided also that the survey sample and
questionnaire shall be finalised in consultation with the Consumer Advocacy
Cell established within the Commission. The filing of the Grievance/representation and the
proceedings of the Fora and of the Electricity Ombudsman shall be in English or
in Marathi. All reasonable costs incurred by a Distribution
Licensee on the establishment and running of the Forum, to the extent
reasonable and justifiable, shall be allowed in the determination of tariff of
the Distribution Licensee in accordance with the terms and conditions of tariff
specified by the Commission. 29.1 A Consumer Advocacy Cell may be instituted and
funded by the Commission at each Electricity Ombudsman's office for capacity
building of Consumer Representatives and CGRF by conducting workshops,
training, seminars and issue of quarterly magazines for enhancing consumer
awareness. 29.2 The Consumer Advocacy Cell at each Electricity
Ombudsman's office shall function under the supervision of the respective
Electricity Ombudsman and overall supervision of the existing Consumer Advocacy
Cell established within the Commission. 29.3 The Commission shall allocate an appropriate
Budget for the Consumer Advocacy Cell at each Electricity Ombudsman's office in
March month of each Year for the Financial Year commencing from April of that
year. 29.4 Each Electricity Ombudsman shall provide the
appropriate funds from within the allocated budget to each Forum within his
jurisdiction for improving consumer awareness by inter-alia, conducting
workshops, training, Seminars and issue of quarterly magazines. 29.5 The Consumer Advocacy Cell established within
the Commission shall also perform the following additional functions: (a)
Evaluate the performance of the various Fora and
Electricity Ombudsman on quarterly basis, in terms of details submitted in the
quarterly Reports in accordance with Regulation 26.2; (b)
Half-yearly review of grievances, representations
and reports submitted by the Fora and the Electricity Ombudsman; (c)
Advise the Commission on improvements to be made in
the Regulations based on review of reports submitted by the Fora and
Electricity Ombudsman and the results of the consumer satisfaction survey
conducted periodically by the Distribution Licensees; (d)
Analysis of reports submitted by the Distribution
Licensee with regard to levels of performance achieved with respect to
Standards of Performance of Distribution Licensees; (e)
Taking feedback of the consumers on the performance
of the respective Forum; (f)
Advise the Distribution Licensee on the creation of
the web-based portal for submission of Grievances; (g)
Advise the Distribution Licensee on the consumer
satisfaction survey to be undertaken once in every two (2) years. CHAPTER V
MISCELLANEOUS 30.1 Save as otherwise provided in these
Regulations, these regulations supersede the "Maharashtra Electricity
Regulatory Commission (Consumer Grievance Redressal Forum & Ombudsman)
Regulations, 2006". 30.2 Notwithstanding Regulation 30.1, the provisions
of "Maharashtra Electricity Regulatory Commission (Consumer Grievance
Redressal Forum & Ombudsman) Regulations, 2006" shall continue to
apply to all proceedings pending under it as if the said Regulations have not
been superseded. 30.3 The provisions of these Regulations shall be
without prejudice to the right, which the consumer may have, apart from the
rights conferred upon him by these Regulations. If any difficulty arises in giving effect to any of
the provisions of these Regulations, the Commission may by general or special
order, direct the Distribution Licensee, the Forum or the Electricity Ombudsman
to take suitable action, not being inconsistent with the Act, which appears to
the Commission to be necessary or expedient for the purpose of removing
difficulties. Subject to the provisions of the Act, the
Commission may from time to time issue orders, circulars and practice
directions in regard to the implementation of these Regulations. The Commission may, at any time vary, alter, modify
or amend by notification any provision of these Regulations. SCHEDULE A APPLICATION
TO FORUM FOR REDRESSAL OF GRIEVANCE Date_____________ (1) NAME OF THE CONSUMER____________________ (2) FULL ADDRESS OF THE CONSUMER ____________________ PIN CODE_________________ PHONE/MOBILE NO._________________ FAX NO_________________ EMAIL ID_________________ (3) PARTICULARS OF CONNECTION AND CONSUMER NO. (Please state nature of
connection) ____________________________________________________________________________ (4) NAME OF DISTRIBUTION LICENSEE_________________ (5) DETAILS OF THE GRIEVANCE, FACTS GIVING RISE TO THE GRIEVANCE (If space is not sufficient, please enclose
separate sheet) _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (6) NATURE OF RELIEF SOUGHT FROM THE FORUM ____________________________________________________________________________ {Please enclose any proof to support claim, if any) (7) LIST OF DOCUMENTS ENCLOSED (Please enclose copies of any relevant documents
which support the facts giving rise to the Grievance) (8) DECLARATION (a)
I/We, the consumer/s herein declare that: (i) the information furnished herein above is true and correct; and (ii) I/We have not concealed or misrepresented any fact stated hereinabove
and the documents submitted herewith. (b)
The subject matter of the present Grievance has
never been submitted to the Forum by me/or by any one of us or by any of the
parties concerned with the subject matter to the best of my/our knowledge. (c)
The subject matter of my/our Grievance has not been
settled through the Forum in any previous proceedings. (d)
The subject matter of my/our Grievance has not been
decided by any competent authority/court/arbitrator, and is not pending before
any such authority/court/arbitrator. Yours faithfully (Signature) NOMINATION - (If the consumer wants to nominate his
representative to appear and make submissions on his behalf before the Forum,
the following declaration should be submitted.) I/We the above named consumer hereby nominate
Shri/Smt. ............................................, who is not an Advocate
and whose address is ...................................................as
my/our REPRESENTATIVE in the proceedings and confirm that any statement,
acceptance or rejection made by him/her shall be binding on me/us. He/She has
signed below in my presence. ACCEPTED (Signature of Representative) (Signature of Consumer) SCHEDULE B REPRESENTATION
BEFORE ELECTRICITY OMBUDSMAN No._____of
year_______ Date_____________ (TO BE
FILLED UP BY OFFICE) To The Electricity Ombudsman (Address) Dear Sir, SUB: please make a mention of the order of the
Forum from which a representation to the Electricity Ombudsman is being made Details of the Grievance are as under: (1) NAME OF THE CONSUMER ____________________ (2) FULL ADDRESS OF THE CONSUMER ____________________ PIN CODE_________________ PHONE/MOBILE NO. FAX NO_________________ EMAIL ID_________________ (3) NAME AND FULL ADDRESS OF THE DISTRIBUTION LICENSEE, PIN CODE, PHONE
NO./FAX NO._________________________________ (4) NAME AND FULL ADDRESS OF THE FORUM, PIN CODE, PHONE NO./FAX
NO._________________________________ (5) PARTICULARS OF CONNECTION AND CONSUMER NO. (Please state nature of
connection) (6) DATE OF SUBMISSION OF GRIEVANCE BY THE CONSUMER TO THE FORUM (Please enclose three copies of the Grievance) (7) SUBJECT MATTER OF THE REPRESENTATION__________________________ (8) DETAILS OF THE REPRESENTATION, FACTS GIVING RISE TO THE REPRESENTATION (If space is not sufficient, please enclose
separate sheet) _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (9) Whether the consumer has received the final decision of the Forum? (If yes, please enclose one copy of the Forum's
order conveying its final decision) (10) NATURE OF RELIEF SOUGHT FROM THE ELECTRICITY OMBUDSMAN ____________________________________________________________________ (Please enclose three copies of documentary proof,
if any, in support of your claim) (11) NATURE AND EXTENT OF MONETARY LOSS, IF ANY, CLAIMED BY THE CONSUMER (IF
ANY) BY WAY OF COMPENSATION Rs_________________ (Please enclose documentary proof, if any, to show
that such loss is actual loss caused as a direct consequence of alleged act,
omission or commission of the Distribution Licensee) (12) LIST OF DOCUMENTS ENCLOSED (Please enclose three copies of all the documents
which support the facts giving rise to the Representation) (13) DECLARATION (a)
I/We, the consumer/s herein declare that: (i) the information furnished herein above is true and correct; and (ii) We have not concealed or misrepresented any fact stated in hereinabove
and the documents submitted herewith. (b)
The subject matter of my/our representation has
never been brought before the Office of the Electricity Ombudsman by me/or by
any one of us or by any of the parties concerned with the subject matter to the
best of my/our knowledge. (c)
The subject matter of my/our representation has not
been settled through the Office of the Electricity Ombudsman in any previous
proceedings. (d)
The subject matter of the present representation
has not been decided by any competent authority/court/arbitrator, and is not
pending before any such authority/court/arbitrator. Yours faithfully (Signature) NOMINATION - (If the consumer wants to nominate his
representative to appear and make submissions on his behalf before the
Electricity Ombudsman or to the Office of the Electricity Ombudsman, the
following declaration should be submitted.) I/We the above named consumer hereby nominate
Shri/Smt.................................................., who is not an
Advocate and whose address is......................
...............................................................................as
my/our REPRESENTATIVE in the proceedings and confirm that any statement,
acceptance or rejection made by him/her shall be binding on me/us. He/She has
signed below in my presence. ACCEPTED (Signature of Representative) (Signature of Consumer) APPENDIX 1 Location of
CGRF in the State of Maharashtra Sl. Distribution Licensee CGRF Location Circles covered 1 Maharashtra State Electricity Distribution Co.
Ltd. (MSEDCL) Bhandup Vashi, Bhiwandi, Thane Kalyan-I Kalyan-I, Kalyan-II, Pen Vasai Vasai, Palghar Kolhapur Kolhapur, Sangli, Ratnagiri, Sindhudurg Nashik Nashik, Nashik (U), Ahmednagar, Jalgaon,
Nandurbar Pune Pune (R), Ganeshkhind, Rastapeth Baramati Baramati, Satara, Solapur Amravati Amravati, Yavatmal Nagpur Nagpur (R), Nagpur (U), SNDL, Wardha, Chandrapur,
Gadchiroli, Gondia, Bhandara Aurangabad Jalna, Aurangabad (U), Aurangabad, Latur, Beed,
Osmanabad, Hingoli, Parbhani, Nanded Akola Buldhana, Washim, Akola 2 Adani Electricity Mumbai Ltd. (AEML-D) Mumbai Licence area 3 Brihanmumbai Electric Supply & Transport
Undertaking (BEST) Mumbai Licence area 4 The Tata Power Company (TPC-D) Mumbai Licence area 5 Mindspace Business Parks Pvt. Ltd. MBPPL Airoli Licence area 6 Gigaplex Estate Private Limited (GEPL) Airoli Licence area 7 KRC Infrastructure & Power Pvt. Ltd.
(KRCIPPL) Kharadi, Pune Licence area 8 Nidar Utilities Panvel LLP (NUPLLP) Panvel Licence areaMAHARASHTRA ELECTRICITY REGULATORY COMMISSION (CONSUMER
GRIEVANCE REDRESSAL FORUM & ELECTRICITY OMBUDSMAN) REGULATIONS, 2020
PREAMBLE
Regulation – 31. Powers to remove difficulties.
Regulation – 32. Issue of Order and Practice Directions.
Regulation – 33. Power to Amend.
Consumer's name in block letters)
(Consumer's name in block letters)