Section 23 in Chhattisgarh State Electricity Regulatory Commission (Redressal of Grievances of Consumers) Regulations, 2011
23. Investigation and hearing process by Forum.
(a)On receipt of a grievance the Forum should register it, allot and covey the registration number to the complainant within two working days of the receipt of the grievance. The Forum should first satisfy itself if a grievance is prima facie made out, if, it is found that there is a grievance, which needs to be redressed, it will not reject any application only on technical grounds. In case it is found that the complaint is frivolous or prima facie without substance, the Forum shall send a reply to the complainant indicating reasons for not considering the complaint/grievance within four working days from the date of receipt of the complaint. The consumer may, however, be given an opportunity of being heard subsequently, if complainant so desires.(b)A notice along with a copy of complaint shall be issued by the Forum within three days of the receipt of the grievance to the concerned officer of the licensee, asking him to send his point wise reply by a day not later than fifteen working days from the date of issue of the notice, as to (i) whether the grievance can be redressed by him and (ii) if it can not be redressed, the reasons thereof.(c)The Forum can call the officer concerned of licensee for discussion in suitable case(s), in order to seek redressal of the grievance filed before it. In case the matter is settled in discussion, it may be recorded as a decision and conveyed to the complainant and the licensee.(d)in case the Forum comes to the conclusion that the complainant and the concerned officer of the licensee are required to be heard for redressal of the grievance, it shall call the complainant and the concerned officer with the details of the case and documents, if any, as may be necessary.(e)(i)if the concerned officer of the licensee, on receipt of a copy of the complaint referred to him under Regulation 23 (b) above, fails to take any action or submit reply, within the time given by it, the Forum may proceed to settle the grievance ex-parte on the basis of evidence brought before it by the aggrieved person.(ii)In case of default in attendance in course of the proceedings, the Forum may proceed to settle the grievance on the basis of evidence submitted to it by the aggrieved person and the concerned officer of the licensee up to that time.(f)No adjournment shall ordinarily be granted by the Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum; If the aggrieved person fails to appear on the date of hearing, the Forum may either dismiss the complaint in default or decide it on merits ex-parte. In case of non-appearance of representative/official of licensee on the date of hearing the Forum may decide it on merits ex-parte.(g)The Forum may allow any association of consumers to file complaints on behalf of the consumer(s). The Forum may permit a representative of any consumer association/NGO dealing with consumer issues to remain present during hearings of any complaint by a consumer.(h)It is not necessary for the aggrieved person/complainant to take assistance from an advocate. The complainant can plead its case itself or can take assistance of any person, which may include an advocate, or an association/society of which it is a member, or an NGO, for putting forth its case before the Forum. The complainant can take back its complaint at any stage of proceedings of case.(i)The time limit for disposal of a complaint/redressal of grievance shall be forty five days of its registration. The Forum shall ensure that the time limit for disposal of a complaint is adhered to. In case of delay in any case, the Electricity Ombudsman shall be informed by Forum giving the reasons in detail for the delay.(j)The Forum may call for any record from the respondent party or from the Complainant, as is relevant for examination and disposal of the grievance and both the parties shall be under obligation to provide such information, document or record as the Forum may call for. Where 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.(k)The Forum may ask the concerned officer of the licensee to undertake an inspection or engage a third party to undertake an inspection, as may be required, for expeditious redressal of the grievance. The Forum can also engage a third party (other than the licensee) at the instance and request of the aggrieved person, to undertake inspection and obtain an independent report. The Forum shall record the reasons for the need for such third party inspection, which should generally be resorted to rarely and keeping in view the special circumstances of a case. The expenses of such third party inspection, except expenses of inspection at the request of the aggrieved person, shall be borne by the licensee, and to the extent reasonable and justifiable such expenses shall be allowed in the determination of tariff in accordance with the relevant Regulations of the Commission. In case, inspection is taken up at the request of the aggrieved person, the expenses shall be deposited in advance by him, which may or may not be refunded by the Forum depending on the complaint being found to be of substance or not. If considered necessary, the Forum may inspect the electrical installation of consumer or licensee, and record the findings of such inspections.(l)The language of the proceedings of the Forum shall normally be Hindi.(m)The Forum shall not be bound to follow the procedure prescribed in the Civil Procedure Code, 1908 (Act 5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872) in its proceedings. Subject to these Regulations the Forum may evolve procedures conforming to the principles of fair play and justice for efficient discharge of its functions.
