Section 33 in Joint Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2019
33. Pre-conditions/ limitations for entertaining complainant's representation.
(1)The representation may be entertained by the Ombudsman only if all of the following conditions are satisfied that :-(a)it has been filed by the complainant being the aggrieved consumer or the association representing the consumer/s;(b)the complainant has, before making a representation to the Ombudsman, approached the Forum constituted under sub-section(5) of section 42 of the Act, for redressal of his grievance;(c)the representation by the complainant, in respect of the same grievance, is not pending in any proceedings before any court, tribunal or arbitrator or any other authority or a decree or award or a final order has not been passed by any such court, tribunal, arbitrator or authority;(d)the representation is not in respect of the same cause of action which was settled or dealt with on merits by the Ombudsman in any previous proceedings whether or not received from the same complainant or along with one or more complainants or one or more of the parties concerned with the cause of action;(e)the complainant is not satisfied with the redressal of his grievance by the Forum or the Forum has rejected the grievance or has not passed the order within the time-limit specified; or the licensee has not implemented the Forum's Order ;(f)the complainant has filed the representation before the Ombudsman within 30 days from the date of receipt of the decision of the Forum or the date of expiry of the period within which the Forum was required to take the decision or the date of expiry of the period within which the distribution licensee was required to implement Forum's order whichever is applicable:Provided that the Ombudsman may entertain a representation after the expiry of the said period of thirty days if the Ombudsman is satisfied that there is sufficient cause for not filing it within that period;(g)the representation of the complainant does not fall under sections 126, 127, 135 to 139, 152 and 161 of the Act.(2)Subject to the provisions of the Act and this Regulation, the Ombudsman's decision as to whether the representation is fit and proper for being considered by it or not, shall be final.(3)The Ombudsman may reject the representation at any stage if it appears to him that the representation is -(a)frivolous, vexatious, malafide;(b)without any sufficient cause;(c)there is no prima facie loss or damage or inconvenience caused to the complainant :Provided that the decision of the Ombudsman in this regard shall be final and binding on the complainant and the distribution license:Provided further that no representation shall be rejected in respect of sub-clauses (a), (b) and (c) unless the complainant has been given an opportunity of being heard.
