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NCT Delhi - Section

Section 15 in The Delhi Electricity Regulatory Commission (Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2018

15. Grievance Handling Procedure of the Forum.

(1)On receipt of the grievance, the Secretary or any other person, as may be authorized by the Forum, shall make an endorsement on the grievance subscribing his dated initial and shall send an acknowledgement to the complainant within seven (7) days of receipt of the grievance.
(2)Grievances received shall be registered and serially numbered for each year, and shall be referred e.g. C.G. No. 1/2018, 2/2018,..., 1/2019, 2/2019,... and so on.
(3)A copy of the grievance shall be forwarded within seven (7) days of receipt, to the Nodal Officer designated by the Distribution Licensee for redressal or to file its reply in writing.
(4)The Distribution Licensee shall, within fifteen (15) days of intimation from the Forum or within such other time as may be directed, furnish its issue-wise comments on the grievance, to the Forum with a copy to the consumer and if there is any failure by the Distribution Licensee in providing such comments, the Forum may proceed on the basis of the material available on record.
(5)The Forum shall notify the Distribution Licensee and the complainant, the date of hearing of the grievance in writing, giving sufficient advance notice, of not less than five (5) days.
(6)A consumer, Distribution Licensee or any other person who is a party to any proceedings before the Forum may either appear in person or authorize any person to present his case before the Forum and to do all or any of the acts for the purpose.
(7)Where any person who has been a party to the proceedings before the Forum fails to appear, on the date of hearing as may be fixed, on more than two consecutive occasions, in this behalf, the Forum may decide the grievance ex-parte:Provided that no adjournment shall ordinarily be granted by the Forum unless sufficient cause is shown and the reasons for the grant of adjournment have been recorded in writing by the Forum.
(8)The Forum may call for, any record or information of the Distribution Licensee or from the complainant for examination and disposal of the Grievance, and the parties shall be under obligation to provide such information, document or record as the Forum may call for:Provided that if a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference.
(9)On receipt of the comments from the Distribution Licensee or otherwise and after conducting or having such inquiry or local inspection conducted as the Forum may consider necessary, and after affording reasonable opportunity of hearing to the parties, the Forum shall, pass appropriate orders for disposal of the grievance, within a period of 60 days of filing of the grievance:Provided that if the order of the Forum is passed after the completion of the said period of sixty (60) days, the Forum shall record in writing reasons for the same.
(10)The proceedings and decision(s) of the Forum shall be recorded and shall be supported by reasons.
(11)The quorum for the Forum shall be two and each member shall have one vote and in case of equality of votes, the Chairperson of the Forum or the senior most member of the Forum discharging the functions of the Chairperson of the Forum presiding over the meeting, as the case may be, shall have a casting vote.
(12)A certified copy of the order of the Forum shall be delivered to the parties to such order in writing within seven (7) days from the date of order.
(13)The Forum may, subject to the Regulation made by the Commission in this regard, award compensation to the complainant as it considers just and appropriate in the circumstances of the case.
(14)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 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.
(15)The Forum may settle any grievance in terms of an agreement reached between the parties at any stage of the proceedings before it.
(16)The Forum shall not be bound to follow the procedure prescribed in the Civil Procedure Code 1908(Act 5 of 1908) and subject to these Regulations, the Forum may evolve procedure conforming to the principles of fair play and natural justice for efficient discharge of its functions.
(17)Any complainant aggrieved by orders of the Forum may prefer a representation before the Ombudsman:Provided that there shall be no right of representation before the Ombudsman against the order issued under Sub-regulation (16).