Section 15 in Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005
15. Presentation and scrutiny of the pleadings, etc.
(1)All petitions shall be filed with ten copies and each set of the petition shall be complete in all respects.(2)All petitions shall be presented in person or by any duly authorized agent to an officer designated for the purpose by the Commission (the Receiving Officer) at the headquarters of the Commission or at such other place or places 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 with acknowledgement due to the Commission at the aforementioned places [or a bench, as the case may be.] [Inserted by Notification No. HPERC/151/2007, dated 14.1.2008 (w.e.f. 1.1.2005).](3)The vakaltnama in favour of the Advocate and, in the event the petitions are presented by the authorized agent or representative, the document authorizing the agent or representative shall be filed alongwith the petition. Any person other than a legal practitioner representing a party before the Commission shall file a Memorandum of Appearance in Form CB-7 (Annexure-V) duly signed by him.(4)The presentation and the receipt of the petition shall be duly entered in the register maintained, for the purpose by the office of the Commission in form CB-8 (Annexure-VI).(5)Upon the receipt of the petition, the Receiving Officer 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 date of the presentation of the petition.(6)The Receiving Officer may decline to accept any petition which is not in conformity with 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 these 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 defect within the time, which may not exceed a period of three weeks and be allowed for the purpose. The Receiving Officer shall advise in writing, in Form CB-9 (Annexure-VII) the person filing the petition of the defects in the petition filed and the time within which the defects be rectified.(7)A party 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.(8)The Chairperson or any Member as the Chairperson may designate for the purpose, shall be entitled at any time 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.(9)If on scrutiny, the petition is not refused or any order of refusal is modified by the Secretary or by the Chairperson or the Member of the Commission designated for the purpose, the petition shall be duly registered and given a number in the manner directed by the Commission.(10)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 scrutinized and numbered, the petition shall be placed before the Commission for admission:Provided, however, that in the case of complaints of individual consumers, class of consumers or any consumer organizations, the Secretary of the Commission may refer the matter to the Forum for redressal of the grievances of the Consumers established for the purpose in terms of sub-section (5) of section 42 of the Act and the regulations framed by the Commission under the said provisions.(11)The Commission may admit the petition for hearing without requiring the attendance of the party filing the petition. 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 on the petition for admission.(12)If the Commission admits the petition, it may give such orders and directions as may be considered necessary, for service of notices to the respondent and other affected or interested parties and 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.
