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State of Maharashtra - Section

Section 8 in The Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2006

8. Findings of the Forum.

- 8.1 On completion of the proceedings conducted under Regulation 6, 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.
8.2If, after the completion of the proceedings, the Forum is satisfied after voting under Regulation 8.1 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)to remove the cause of Grievance in question;
(b)to return to the consumer the undue charges paid by the consumer;
(c)to pay such amount as may be awarded by it as compensation to the consumer for any loss or damage suffered by the consumer.
Provided however that in no case shall any consumer be entitled to indirect, consequential, incidental, punitive, or exemplary damages, loss of profits or opportunity.
(d)to pay such amount as compensation as specified by the Commission in the standards of performance of Distribution Licensees.
(e)any other order, deemed appropriate in the facts and circumstances of the case.
8.3Notwithstanding the provisions of Regulation 8.2, the Forum may pass such interim orders, at any stage during the disposal of the Grievance, on the request of the consumer as the Forum considers appropriate pending the final decision on the Grievance.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 consumer 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, 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.
8.4Every 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. The opinion of the minority shall however be recorded and shall form part of the order.Provided further that, along with every order, the Forum shall intimate the consumer of the contact details of the Electricity Ombudsman appointed or designated by the Commission under Regulation 10.
8.5A certified copy of the order passed by the Forum shall be delivered to the parties to such order.
8.6The order of the Forum shall be binding on the consumer and the Distribution Licensee.
8.7Any 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 and within the time frame stipulated in the order/directions and further intimation of such compliance shall also be made to the Forum within the time frame stipulated in that regard in the order/directions.