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NCT Delhi - Section

Section 15 in The Delhi Electricity Regulatory Commission Comprehensive (Conduct Of Business) Regulations, 2001

15. Presentation and scrutiny of the Petitions.

(1)All Petitions shall be filed with six copies and each set of the Petition shall be complete in all respects. The fees as may be prescribed by the Commission shall be payable alongwith the petition.
(2)All Petitions shall be presented in person or by any duly authorised agent or representative at the headquarters or such other filing centre or centres as may be notified by the Commission from time to time and during the time notified. The Petitions may also be sent, by registered post acknowledgement due, to the Commission at the places mentioned above. The vakalatnama in favour of the advocate and, in the event the Petitions are presented by an authorised representative, the document authorising the representative shall be filed along with the Petition, if not already filed on the record of the case. Any person other than a legal practitioner representing a party before the Commission shall file a Memorandum of Appearance, in Form A-4 (Annexure IV), duly signed by him.
(3)Upon the receipt of the Petition the Officer of the Commission designated for the purpose of receiving the petition, shall acknowledge the receipt by stamping and endorsing the date on which the Petition has been presented and shall issue an acknowledgement with stamp and date to the person filing the Petition. In case the Petition is received by registered post, the date on which the Petition is actually received at the office of the Commission shall be taken as the date of the presentation of the Petition.
(4)The presentation and receipt of the Petition shall be duly entered in the register maintained for the purpose by the office of the Commission. The said register shall be as per the format given in Form A-5 (Annexure V).
(5)The Receiving Officer may decline to accept any Petition which does not conform to the provisions of the Act or the Regulations or directions given by the Commission or is otherwise defective or which is presented otherwise than in accordance with the regulations or directions of the Commission.Provided, however, that no petition shall be refused for defects in the pleadings or in the presentation, without giving an opportunity to the person filing the petition to rectify the defects within the time which may be given for the purpose. The Receiving Officer shall advise in writing the person filing the petition, of the defects in the petition filed, in format as per Form A-6 (Annexure VI).
(6)A person aggrieved by any order of the Receiving Officer in regard to the presentation of the Petition may request the matter to be placed before the Secretary of the Commission for appropriate orders.
(7)The Chairman shall be entitled to call for the Petition presented by the party and give such directions regarding the presentation and acceptance of the Petition as he considers appropriate.
(8)If on scrutiny, the Petition is not refused or any order of refusal is rectified by the Secretary or by the Chairman of the Commission, the Petition shall be duly registered and given a number in the manner to be specified by the Commission.
(9)As soon as the Petition and all necessary documents are lodged and the defects and objections, if any, are removed, and the Petition has been scrutinised and numbered, the Petition shall be put up before the Commission for preliminary hearing and admission.
(10)The Commission may admit the Petition for hearing without requiring the attendance of the party. The Commission shall not pass an order refusing admission without giving the party concerned an opportunity of being heard. The Commission may, if it considers appropriate, issue notice to such person or persons, as it may desire, to hear the petition for admission.
(11)If the Commission admits the Petition, it may give such orders and directions, as may be deemed necessary, for service of notices to the respondent(s) and other affected or interested parties; for the filing of replies and rejoinder in opposition or in support of the Petition in such form as the Commission may direct and for the petition to be placed for hearing before the Commission.