Section 2 in The Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers and Electricity Ombudsman) Regulations, 2011
2. Definition.
- In these Regulations, unless the context otherwise requires: -(a)"Act" means the Electricity Act, 2003;(b)"Area of supply" means the area within which a Distribution Licensee is permitted by its license to supply electricity;(c)"Commission" means the Jharkhand State Electricity Regulatory Commission;(d)"Complainant" means(i)A consumer of electricity including applicants for new connections who has a complaint against the licensee.(ii)The representative of complainant, authorized in writing, supported by an affidavit on Non Judicial Stamp Paper of appropriate value, duly attested by the Oath Commissioner/Notary Public to represent the complainant before the Forum /Ombudsman; or(iii)Any Registered/ Unregistered Association of consumers where consumers have similar interest; or(iv)One or more consumer, where there are numerous consumers having similar interest; or(v)In case of death of a consumer, his legal heirs or authorized representatives who makes the complaint;(e)"Complaint" means any grievance, in writing made by a complainant that: -(i)There exists defect or deficiency in electricity service provided by the Distribution licensee;(ii)An unfair or restrictive trade practice has been adopted by the Distribution licensee in providing electricity services;(iii)The Distribution licensee has charged a rate in excess of that fixed by the Commission for supply of electricity and related services;(iv)The Distribution licensee has recovered expenses, in excess of charges approved by the Commission, for providing any electric line or electric plant or electric meter;(v)The electricity services provided by the Distribution licensee is unsafe or hazardous to public life and is in contravention to the provisions of any law in force;(vi)The non-achievement of Standard of Performance by the Distribution Licensees as laid down by the Commission in JSERC (Distribution Licensees' Standard of Performance) Regulations and payment of compensation thereof to the consumers for default in each case.(f)"Conduct of Business Regulations" means "JSERC (Conduct of Business) Regulations, 2011" with amendments as framed and published by the Commission from time to time.(g)"Consumer" means any person who is supplied with electricity for his own use by a Distribution licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Applicable Legal Framework or any other law for the time being in force and includes any person whose premises are, for the time being connected for the purpose of receiving electricity with the works of a Distribution licensee, the Government or such other person, as the case may be;(h)"Consumer dispute" means a dispute where the person/licensee against whom complaint has been made, denies or disputes the allegation contained in the complaint;(i)"Distribution licensee" means a licensee authorized to operate and maintain a Distribution system for supplying electricity to the consumers in his area of supply and includes a deemed licensee;(j)"Defect" means any fault, imperfection or shortcoming in quality, quantity, standard of service, equipment or material which is required to be maintained by or under any law in force or under any contract, express or implied, or as is claimed by the Distribution Licensee in any manner whatsoever in relation to electricity service;(k)"Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law in force or has been undertaken to be performed by Distribution Licensee in pursuance of a contract Agreement or otherwise in relation to electricity service or performance standard; violations of Electricity Supply Code, contraventions of Act, Rules or Regulations made there under with regard to consumer interest;(l)"Distribution system" means the system of wires and associated facilities between the delivery points on the Transmission lines or the generating station connection and the point of connection to the installation of the consumers;(m)"Electricity Ombudsman" means an authority to be appointed or designated by the Commission, under sub-section (6) of Section 42 of the Act, with whom a representation may be made by any consumer, who is aggrieved by non-redressal of his grievances by the Forum;(n)"Electricity service" means electricity supply, metering, billing, disconnection and reconnection, providing electricity supply connection to the applicant, maintenance of Distribution system and all other attendant sub services etc.;(o)"Forum" means 'Forum for redressal of grievances of the consumers' to be constituted by each Distribution Licensee;(p)"Form" means form appended to these Regulations;(r)"Member" means the Member of the Forum and includes the Chairperson of the Forum;(s)"Nodal Officer" means the convener designated by the Distribution licensee who would coordinate with the Forum / Electricity Ombudsman:(t)"Restrictive Trade Practice" in respect of electricity supply means a trade practice which prevents, distorts or restricts competition in some manner "deemed to be prejudicial to consumer interest", if they raise cost unreasonably, or the prices and\or profit unreasonably, or if they lead to lowering of quality and shall include delay beyond the period agreed to by a Distribution licensee in providing the electricity services;(u)"State Government" means the State Government of Jharkhand;(v)"Licensee" means a person who has been granted a license or is a deemed licensee under Section 14 of the Act;(w)"Unfair Trade Practice" means a trade practice which a Distribution licensee, for the purpose of promoting sale, use or supply of electricity adopts any unfair method or discriminatory or deceptive practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the services are of a particular standard and /or quality made by him;(x)All other expressions used herein but not specifically defined but defined in the Act shall have the meaning assigned to them in the Act.
