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CONSUMER GRIEVANCE REDRESSAL FORUM

ANDELECTRICITY OMBUDSMAN

Er.C.VEERAMANI,M.E.,M.B.A.,

Deputy Director(Engg.),TNERC,Chennai-8

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SEC.42 - DISTRIBUTION OF ELECTRICITY

Sec.42 (5) - Every distribution licensee shall, within six months from

the appointed date or date of grant of license, whichever

is earlier, establish a forum for redressal of grievances of the consumers in accordance with the

guidelines as

may be specified by the State Commission.

Sec.42(6) - Any consumer, who is aggrieved by non-redressal of

his grievances under sub-section(5), may make a representation for the redressal of his

grievance to an authority to be known as Ombudsman to be appointed or designated by the State Commission.

Sec-42(7) - Ombudsman shall settle the grievance of the consumer within such time and in such manner as may be

specified by the State Commission.

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SEC.180 - POWERS OF STATE COMMISSION TO MAKE REGULATIONS

Sec-181(1) : The State Commission may, by notification, make regulations consistent with this Act and the

rules generally to carry out the provisions of this Act.

Sub.sec(2) : In particular and without prejudice to the generalityof the power contained in sub-section (1),

such regulations may provide for all or any of the following matters, namely;-

(r) guidelines under sub-section (5) of section 42

(s) the time and manner for settlement of grievances under sub-section (7) of section 42.

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CONSUMER GRIEVANCE REDRESSAL FORUM AND ELECTRICITY OMBUDSMAN

In exercise of the power conferred on it by Sec.181 read with sub secs.(5) ,(6) & (7) of Sec.42 of the EA-2003 and all other powers enabling on it in this behalf, the TNERC makes the following regulations ,viz;

(i) Regulation for “Consumer Grievance Redressal

Forum and Electricity Ombudsman” – 2004.

(ii) These extend to the whole State of Tamil Nadu.

(iii) These shall come into force on 10.06.2004.

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Reg.3 - Constitution of Forum(s) for Redressal of Consumer Grievance

Every distribution licensee shall establish a forum (or) forums for redressal of the consumer grievance. A licensee may establish more than one forum.

Consumer should not travel more than 100 kms to submit their complaint.

Forum shall consists of three members;

(i) Chairperson is the full time officer of the licensee not lower in the rank of Superintending Engineer.

(ii) One member shall be with 15 to 20 years of legal/ financial experience and the other member shall be from a registered society of NGO or a consumer activists.

Both the members must be nominated by District Collector.

Contd…

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Reg.3 - Constitution of Forum(s) for Redressal of Consumer Grievance

• Every Member of the Forum except Chairperson shall hold office for a term of 3years and shall not be eligible for reappointment.

• No member shall hold office as such after he has attained the age of 62 years.

• Quorum of the forum shall be two among the three members, which includes the Chairperson.

• Post of the Members shall not be kept vacant for more than two months.

• Honorarium for each sitting shall be decided by the licensee subject to approval by the Commission.

• TA / DA and other allowances payable to the members shall be as applicable to Class I officers of the State Government.

Contd…

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Reg.3 - Constitution of Forum(s) for Redressal of Consumer Grievance

• The Chairperson shall make use of his office space, secretarial staff and other facilities for efficient functioning of forum.

• The Members by virtue of their office facilities shall not be entitled to claim any separate accommodation in the office premises of Chairperson or any separate secretarial staff and other facilities.

• The Members of the forum may avail of the office premises of the Chairperson and the secretarial staff, only for the limited purpose of attending the sittings of the forum on the days on which they are scheduled to be held and dictating the decisions of the forum to the secretarial staff appointed for the above purpose without causing any inconvenience or prejudice to the normal use of office premises and secretarial staff for discharging their normal functions.

• Member may relinquish his office by giving in writing to the Licensee a notice of not less than two months.

• Commission may for the public interest and reasons to be recorded in writing remove any Member from his office.

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Reg.4 – Jurisdiction of the Forum

The forum shall have jurisdiction to entertain the complaints within the jurisdiction of the distribution licensee.

If there is more than one forum in the same licensee areas, then the area of the jurisdiction may be decided by the licensee.

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Reg.5 – Kind of Grievances that can be taken up by the Forum

Defect (or) deficiencies in electricity service provided by the licensee.

Unfair or restrictive trade practices of licensee in providing electricity services.

Charging of a price in excess of the price fixed by the Commission for the consumption of electricity and allied services.

Electricity services which will be unsafe (or) hazardous to public life in contravention of the provisions of any law for the time being in force.

However, unauthorised use of electricity u/s 126 and Offences and Penalties as detailed u/s 135 to 141 of E Act -2003 are excluded from the purview of this forum.

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Reg.6 – Grievance filing Procedure

The Licensee shall notify details such as the address, telephone numbers and e-mail address of the forum often in the media.

The licensee shall make available copies of the procedure for lodging complaints to the complainants at free of cost.

The application/bills/receipts issued by the licensee to the consumers shall contain the address of the concerned CGRF and the statement “Complaints whose grievance is not redressed by the officials of the licensee may approach the CGRF” shall also be printed on it.

Contd…

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Reg.6 – Grievance filing Procedure

The grievance shall be submitted in writing to the Chairperson in the complaint format.

Complaint can also be lodged through e-mail. Complaint can also be in the text format with

required information and address of the complainant.

The licensee shall notify details such as telephone numbers, e-mail address, address of the forum often in the media.

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COMPLAINT FORMAT (Please tick ( ) in the box whichever is applicable) 1) SERVICE CONNECTION RELATEDi) FOR NEW SERVICE (TYPE) Domestic Commercial

Industrial Agriculture   Other Services

ii) FOR EXISTING SERVICE:Service No. Replacement of servicelines Meter problems Meter Capacity Enhancement

   Additional Load Conversion to 3 Phase Shifting of Service

  Name Transfer Tariff Change Bill Revision

   Deficiency in Services Other Complaint

 a) Date of representation

b) Date of payment made if any

 

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iii) Quality of power supply 

  Low Voltage Voltage Fluctuation Frequent supply Interruption

  From(Date) To(Date) From(Time) To(Time)

Address of the location of the existing/proposed service connection( common to all complaints) 

 

  2) OTHER COMPLAINTS

i) Discourtesy

ii) Denial of requisite information

iii) Wanton delay on account of

Registration of application Acceptance of payment

Fixing of meter Effecting service connection

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iv) DEMAND / ACCEPTANCE OF BRIBE   Time Date Place ii) Bribe accepted by officer directly through the agent 

LICENSEE’S EMPLOYEE AGAINST WHOM COMPLAINT IS MADE  (for more than one person fill in separate form) Name Designation Office Aggress (Add separate sheets if required) Descriptive details of the complaint (Common to all complaints)

3) COMPLAINT’S DETAILS Name and Address Telephone No.

E mail ID Signature of the complainantNote:i) Send separate sheets if necessary to cover details of complaint ii) Complainant is assured that

there will be no harassment for giving this complaint iii) Complete postal address of the complainant is essential for taking action.

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Reg.7 – Grievance Handling Procedure of the Forum

On receipt of the grievance, the Chairperson shall make endorsement on the grievance subscribing his dated initial.

Grievance received shall be registered and serially numbered for each year.

Acknowledgement shall be sent within 7 working days. Anonymous petitions shall be rejected on receipt and placed before

the forum in the next available opportunity for recording the same. On receipt of the complaint, the forum may allow the complaint to be

proceeded with or reject. Provided that the complainant shall be informed in writing if the complaint is rejected.

The admissibility shall be decided within 10 working days from the date on which the complaint was received.

Admitted copy shall be forwarded simultaneously to the nodal officer of the licensee by the forum.

Contd…

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Reg.7 – Grievance Handling Procedure of the Forum

The licensee shall furnish para-wise comments on the grievance within 15 days of the receipt of the letter from the forum.

The consumer can represents himself or through a representative of his choice on the date of hearing.

Where the complainant fails to appear on the date of hearing before the forum, the forum may either dismiss the complaint for default or decide it on merit.

The complaint shall be disposed within a maximum period of 2 months from the date of receipt of complaint by the forum.

All decisions shall be taken by a majority of votes by the members present and in the event of the equality of votes, the facts may be recorded and referred to the Electricity Ombudsman for final orders.

All the members present shall sign every order passed by the forum. Licensee to implement the forum’s decision and report within 5 days after

implementation of the order. Non-compliance by the licensee shall invite compensation.

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Reg.8 - Appeal

Any person aggrieved by an order made by the forum may appeal within 30 days to Ombudsman.

Ombudsman may entertain an appeal after the expiry of the said period of 30 days, if there was a sufficient cause for not filing.

Incase of payment involved, appeal will be allowed with the deposit of 25% of the amount as ordered by the forum.

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Reg.9 – Monitoring Report

The forum shall submit a report to the Commission on the category wise no. of complaints received, redressed and pending or every quarter of calender year in the format.

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Consumer Grievance Redressal Monitoring Report

SlNo Complaints Status

Nature of Complaints Total

Delay in effecting supply

Quality of voltage

Interruptions Metering Problems

Billing Problems

Tariff Problems Others

1 Complaints Pending during the starting of the last quarter.

2 Complaints Received during the last Quarter

3 Total complaints

4 Complaints Attended during last quarter

5 Balance Complaints to be attended

6 Complaints pending for more than 3 months but less than 6 months

7 Complaints pending for more than 6 months

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CGRF PETITIONS DISPOSED BY TNEB

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Year No. of cases registered No. of cases

in the forum disposed

by the forum

2006 431 399

2007 484 426

2008 448 391

2009 134 88

(up to 31/03/2009)

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REGULATIONS (10 – 26)

ELECTRICITY OMBUDSMAN

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Reg.10 – Appointment and Tenure

TNERC may designate/appoint one or more persons to be known as Electricity Ombudsman to carryout the functions entrusted to him by these Regulations.

Minimum age of the person to be considered for appointment shall be 58 years.

Period not exceeding 3 years.

Commission may extend another term of 3 years subject an overall age limit of 65 years.

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Reg.11 – Territorial Jurisdiction

The territorial limits of Electricity Ombudsman extend to the whole of the State of Tamil Nadu. If the Commission appoints more than one Ombudsman, the Commission shall specify the limit.

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Reg.12 – Location of office and temporary head quarters

The office(s) of the Electricity Ombudsman will be located at such place(s) as may be specified by the Commission.

In order to expedite the disposal of complaints, the Electricity Ombudsman may hold sittings at such places within his area of jurisdiction as may be considered necessary and proper by him in respect of a complaint or reference, as the case may be, before him.

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Reg.13 – Qualification

The Electricity Ombudsman appointed / designated should be a person with ability, integrity, conversant with the working of electricity sector and enjoying high reputation.

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Reg.14 – Remuneration

The salary and other perquisites payable to the Electricity Ombudsman will be determined by the Commission from time to time and shall be borne by the Distribution licensees in such proportion and in such manner as may be determined by the Commission.

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Reg.15 – Secretariat

The Electricity Ombudsman shall be provided with a secretariat.

The staff pattern and salary etc., shall be approved by the Commission.

The cost of the secretariat will be shared by the distribution licensees in such proportion as may be determined by the Commission.

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Reg.16 – Powers and duties of EO

To receive the appeal petition against the order of CGRF.

EO shall exercise general power and superintendence and control over his office.

The EO shall have power to incur expenditure on behalf of the office.

The EO will draw up an annual budget for his office in consultation with Commission and shall exercise the powers of expenditure within the approved budget.

The Commission will indicate the share of expenditure to be borne by the distribution licensee.

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Reg. 17 – Procedure for filing a complaint

Any consumer, who is aggrieved on the order on the grievances or non-redressal of his grievances by the forum may himself (or) through his representative make a complaint to the EO.

Complaints of common nature can be directly brought upto EO by state level consumers association.

The complaint shall be in writing duly signed by the complainant or his authorised representative and shall state clearly the name of the individual or the organisation, postal address, telephone number and e mail address (if any) of the complainant.

Contd….

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Reg. 17 – Procedure for filing a complaint

The complaint shall also contain

The no. of service connection

Category of service

Address of the location of the service connection

Name of the local licensees’ office and address

The facts giving rise to the complaint supported by documents if any and the relief sought from the Electricity Ombudsman.

Contd….

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Reg. 17 – Procedure for filing a complaintNo complaint to the Electricity Ombudsman shall lie

unless;

The complainant had already made a complaint before the forum

Either the forum had rejected the complaint.

The complainant had not received any reply within a period of two months from the date of filing complaint.

The complainant is not satisfied with the reply given to him by the forum.

This shall however not applicable to the complaints of common nature.

The complaint is made within 3 months after the cause of action has arisen.

The complaint, which is not settled., is not in respect of the same subject which was already settled by the EO in any previous

proceedings.

The complaint is pending before any Court, or a decree or a final order has already been passed by any competent authority.

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Reg. 18 Rejection of complaint

EO may reject the complaint at any stage, if it appears to him that the complaint made is

(a) frivolous, vexatious, malafide, or

(b) without any sufficient cause; or

(c) that it is not pursued by the complainant with reasonable diligence; or

(d) prima facie, there is no loss or damage or inconvenience caused to the

complainant.

Electricity Act 2003

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Reg. 19 – Powers to call for information

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EO may call for certified copies of any documents relating to the subject matter from the licensee .

EO shall maintain confidentiality of any information or document coming into his knowledge or

possession.

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Reg. 20 – Settlement of complaint by agreement

For the purpose of facilitating for settlement of the complaint, the EO may follow such procedures.

When the complaint is settled EO shall have the settlement recorded and signed in his presence and cause issuance of order on the settlement of

grievances on mutual agreement.

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Reg. 21 – Hearing of the matter

Where the complaint is not settled by agreement, the EO may determine the stage, the manner, the place and the date and time of hearing of the matter.

The EO may decide the matter on the pleadings by oath of both the parties and direct the parties to written note of arguments or submission in the matter.

The parties can be represented in person or through representatives of their choice.

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Reg. 22 – Award

Where the complaint is not settled by agreement, the EO can pass a speaking order with detailed reasoning.

The order shall be in writing and shall state the full details of the award to the complainant and licensee.

The EO shall pass an order within the period of three months from the date of receipt of complaint.

Copy of the award shall be sent to complainant and licensee.

Licensee shall comply with the award within the period specified in the award and shall intimate the compliance to the EO.

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Reg. 23 – Report of EO

The EO shall send to the Commission, by 1st May every year, a report containing a general review of activities on his office during the preceding financial year and shall furnish such information as the commission may direct.

The Commission may in the public interest publish the report and the intimation from the EO in such consolidated form or otherwise as it deems fit.

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APPEAL PETITIONS DISPOSED BY THE OMBUDSMAN

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Year No. of cases No. of cases registered disposed

2006 18 18

2007 19 19

2008 13 13

2009(30.11.2009) 62 32

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