THE ANDHRA
PRADESH ELECTRICITY REGULATORY COMMISSION (ESTABLISHMENT OF FORUM AND VIDYUT
OMBUDSMAN FOR REDRESSAL OF GRIEVANCES OF CONSUMERS) (FIRST AMENDMENT)
REGULATION, 2007
PREAMBLE
Whereas the A.P. Electricity Regulatory Commission
(hereinafter referred to as ?the Commission) notified the Andhra Pradesh Electricity Regulatory
Commission (Establishment of Forum and Vidyut Ombudsman for redressal of
grievances of consumers) Regulation 2004 (No. 1 of 2004) in A.P. Extraordinary
Gazette dated 6th February 2004.
And whereas the said Regulation contained the
guidelines to the licensees in the State of Andhra Pradesh for setting up Forum
for redressal of grievances of the consumers, for the appointment of Vidyut
Ombudsman by the Commission, for the representation to the Vidyut Ombudsman
against non-redressal of grievances of the consumers and the time and manner of
settlement of grievances by the Forums and the Ombudsman, etc.
And whereas the Ministry of Power, Government of
India, in exercise of powers conferred by section 176 of the Electricity Act,
2003 notified the Electricity Rules, 2005 vide GSR 379 (E) dated 8th June 2005
and Electricity (Amendment) Rules, 2006 vide GSR 667 (E) dated 26th October
2006, containing, inter-alia, certain Rules (Rule 7) regarding Consumer
Redressal Forum and Ombudsman, requiring the State Commission to incorporate
these Rules in the Regulation made in this behalf.
And whereas the Commission accordingly formulated a
Draft (First Amendment) Regulation proposing amendments to Regulation No.1 of
2004, which was published in A.P. Extraordinary Gazette dated 13.06.2007 and
hosted on the website of the Commission apart from seeking comments /
suggestions from interested persons including the licensees, Chairpersons of
all the Forums for Redressal of Grievances of Consumers to whom it was also
communicated. The Commission has considered the comments / suggestions received
and made suitable modifications , wherever considered necessary.
Now therefore, in exercise of the powers vested
with it under section 181 of the Electricity Act, 2003 read with clause 15 of
the Andhra Pradesh Electricity Regulatory Commission (Establishment of Forum
and Vidyut Ombudsman for redressal of grievances of consumers) Regulation 2004
(No. 1 of 2004) and all other powers enabling it in that behalf makes the
following Amendment Regulation to the said Regulation No.1of 2004, namely:
Regulation - 1. Short title, commencement and interpretation.
(i) This Regulation may be called the A. P. Electricity Regulatory
Commission (Establishment of Forum and Vidyut Ombudsman for redressal of
grievances of consumers) (First Amendment) Regulation, 2007.
(ii) This Regulation shall come into force on the date of its publication in
the Andhra Pradesh Gazette. However, the present incumbents of the respective
forums shall be continued till the completion of their present tenures.
Regulation - 2.
The following Clauses shall be substituted by the
following:
(a) Clause 3 (2)
The Forum shall consist of four members including
the Chairperson of the Forum. The Licensee shall appoint the Chairperson and
two members of the Forum on full time basis, and the Commission shall nominate
one independent member as follows:
(i) The members of the Forum shall be persons of ability, integrity and
standing.
(ii) Chairperson of the Forum shall be a serving officer of the licensee
possessing degree in electrical engineering and having at least 20 years of
experience in the distribution of electricity and having served not below the
rank of Superintending Engineer:
Provided that when the Chairperson of the Forum is
unable to discharge the functions owing to absence, illness or any other cause,
the member indicated in sub-clause (2) (iii) of clause 3 shall discharge the
functions of the Chairperson, until the day on which the Chairperson assumes
office.
(iii) One member who is a serving officer of the licensee having at least 10
years of experience in Accounting out of which at least 5 years in revenue
matters and having served not below the rank of Senior Accounts Officer.
(iv) One member who is a serving officer of the licensee having at least 5
years of experience in legal matters and having served not below the rank of
Assistant Secretary.
(v) One member who is familiar with consumer affairs to be nominated by the
Commission.
(b) Clause 3 (3)
The members and the chairperson of the Forum shall
hold office for a period of two years from the date of appointment and they
shall not be eligible for re-appointment at any time after the expiry of their
term of appointment, provided that no person shall be appointed or continued as
member/chairperson after he attains the age of superannuation.
(c) Clause 3 (4) - Deleted
(d) Clause 3 (5) - Deleted
(e) Clause 4 (1) (Substitution for the first two lines)
The Licensee or the Commission may remove from
office any member of the Forum appointed or nominated as the case may be who:
(f) Clause 5 (1)
All decisions of the Forum shall be on the basis of
majority of the members present and voting.
(g) Clause 5 (2)
The quorum for the Forum meeting shall be three and
each member shall have one vote and in case of equality of votes on any issue
or resolution, the Chairperson shall have a casting vote.
(h) Clause 5 (11) (a)
The Forum shall decide the complaint expeditiously
and shall communicate its decision to the Complainant within a period not
exceeding 45 days of the receipt of the complaint. The Forum shall give the
reasons in support of its decisions.
(i) Clause 5 (14)
The Licensee shall meet all the costs and expenses
of the Forum including the establishment and staff required to assist the Forum
in the discharge of the functions under this Regulation and also the cost and
expenses for the Member nominated by the Commission.
(j) Clause 5 (15)
The salary of the Serving officer-Members shall be
the same to which they are otherwise entitled.
The member nominated by the Commission shall be
entitled for a per diem fee of Rs.750/- for each day of participation in the
Forum?s proceedings.
(k) Clause 16 - SUBMISSION OF REPORTS TO THE COMMISSION
(1) The Forum shall submit a quarterly report on the number of complaints
received, redressed and pending within 15 days of the end of the quarter, to
the Commission. The Forum shall supply copies of these reports to the
respective Licensees also.
(2) The Forum shall also furnish to the Commission, by 31st May every year,
a report containing a general review of the activities of their offices during
the preceding financial year and shall also furnish such information as the
Commission may require.
(3) (a) The Ombudsman shall prepare a report on a six-monthly basis giving
details of the nature of the grievances of the consumers dealt by the
Ombudsman, the response of the Licensees in the redressal of the grievances and
the opinion of the Ombudsman on the Licensee?s compliance, during the preceding six months, of the Standards of
performance as specified by the Commission under section 57 of the Act .
(b) The report under sub-clause (a) above shall be
forwarded to the State Commission and the State Government within 45 days after
the end of the relevant period of six months.