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State of Uttar Pradesh - Section

Section 3 in The U.P. Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2007

3. Constitution of Consumer Grievance Redressal Forum etc.

- 3.1 (i) Every Distribution Licensee shall, within three months from the appointed date, establish and make operational a Forum in accordance with these regulations at following locations:
(1)Agra Dcom; Kanpur Agra, Jhansi and Chitrakoot;
(2)Meerutiscom; Meert, Moradabad and Saharanpur;
(3)Luckno Discom; Luknow, Bareilly, Faizabad and Dcvipatan (Gonda);
(4)Varana Discom; Vaanasi, Allahabad, Gorakhpur, Azamgarh, Mirzapur and Basti;
(5)KESCO;anpur;
(6)NPCL; eater Noida/p>Provided tt in case o more than one Distribution Licensee in an area, the location of the Forum for each subsequent Distribution Licensee shall be the area of supply.
(ii)n the establishment of Forum under these regulations, the Distribution Licensee and the Chairperson of the Forum shall notify, by wide publicity in at least one English and one Hindi Newspaper and display on the notice boards of the Distribution Licensee and of the erstwhile and new' Forums, the establishment of the particular new Forum under these regulations along with the following information:
(i)Dte on which new Forum has started functioning;
(ii)ddress of the Forum;
(iii)Names of the Chairperson and the Members;
3.2
(i)Ea Forum shal comprise -
(a)Judicial Member
Chairperson
(b)Technical Member
Member
(c)Officer of the Licensee
Member
(ii)udicial Member shall be a Judicial Officer who held the post not below the rank of Additional District Judge and who has attained the age of 60 years and shall hold office for a period of three years or up to the age of 65 years, whichever be earlier.
(iii)Technical Member shall be a person who -
(a)hlds a degree in Electrical or Mechanical Engineering;
(b)hs at least 10 years experience in electricity distribution;
(c)hld a post not below the rank of a Deputy General Manager/Superintending Engineer or an equivalent Post in any Government Department or Government undertaking or a private company;
(d)peferably has experience in regulatory affairs; and has attained the age of 58 years;
(e)sall hold office of the Forum for a period of three years or up to age of 65 years, whichever is earlier.
(iv)fficer of the Distribution Licensee shall be a person who -
(a)hlds a degree in Electrical or Mechanical Engineering;
(b)hs at least 7 years experience in electricity distribution;
(c)hld a post not below the rank of a Executive Engineer or an equivalent post in the establishment of the Distribution Licensee;
(v)Oficer of licensee shall exclusively function as Member of the Forum.
(vi)o act or proceeding of the Forum shall be invalid merely on the ground of existence of any vacancy or defect in constitution of the Forum.
(vii)The Chairperson and Members shall be persons of ability, integrity and standing.
3.3
(i)ThCommission,in case of Chairperson, and the Distribution Licensee, in case of Technical Member shall invite applications for appointment on the posts in the Forum through public advertisement.
(ii)n case of occurrence of vacancy in the post of the Chairperson or Technical Member by reason of death, resignation, removal or completion of the tenure, the Commission in the case of Chairperson and the Distribution Licensee, in the case of the Technical Member shall invite application, through public advertisement and complete the selection within one month of the occurrence of vacancy and in case of superannuation or end of tenure, the Commission or the Distribution Licensee shall do so within three months before the date of superannuation or end of the tenure, as the case may be.
(iii)The Distribution Licensee shall submit within 15 days of completing selection procedure, to the Commission a panel of two eligible persons for the post of Technical Member and shall appoint the person approved by the Commission with effect from the date to be indicated by the Commission.
(iv)long with the panel of names for the post of Technical Member the Distribution Licensee shall also inform the Commission of the compliance of the provisions contained in Regulations 3.10, 3.13 and 3.14 and 4.0.
(v)Te Commission shall convey the appointment of Chairperson to the Distribution Licensee.
3.4The Foms establised under these regulations shall entertain complaints of the consumers/complainants, who are supplied electricity by the concerned Distribution Licensee within the area of respective Commissioner's division (known by the name of the said locations), and in case of KESCO and NPCL, such area shall mean their areas of license.
3.5(1) Thexisting Foums shall continue to dispose of the matters before them under these regulations until new Forums are established by the Commission under Regulation 3.1.
(2)With eect from th date of the establishment of the Forums under these regulations-
(a)al complaints shall be filed before such Forums;
(b)te existing Forums shall cease to receive complaints but may continue to function for not more than one month from the date of establishment of the Forums under these regulations only for the purpose of transferring the records to the new Forum and thereafter cease to function and accordingly, the service of the Members and the other staff of existing Forums shall also cease.
3.6The Diribution Liensee shall ensure the transfer of records of the cases decided or pending in the erstwhile Forums to the concerned Forums established under these regulations, along with the comprehensive list, within one month of the establishment of the Forums, with notice to the concerned parties of such transfer of cases.
3.7The Fom shall funtion independent of the Licensee.
3.8The Chrperson of he Forum shall be the Chief Executive of the Forum.
3.9The Diribution Liensee shall appoint/designate one engineer officer as full time Secretary to the Forum, who will join immediately on the date of establishment of the Forum and shall work under the control and supervision of the Chairperson.
3.10Wherehe Chairperon is unable to discharge the functions, owing to absence, illness or any other cause, Technical Member shall discharge the functions of Chairperson
3.11
(i)T Chairperso shall be entitled to a consolidated salary, of Rs 25,000 per month, or such salary as may be revised by the Commission from time to time;
(ii)he Technical Member shall be entitled to a consolidated salary of Rs 20,000 per month, or such salary as may be revised by the Commission from time to time;
(iii)The Officer of the Licensee, appointed as Member, shall continue to draw the same salary and other benefits from the concerned Distribution Licensee as he would have been entitled to had he not been appointed in the Forum.
(iv)n case of official journey, the allowance, as admissible to the Chief Engineer or equivalent rank officer of the Distribution Licensee, shall be admissible to the members of the Forum.
3.12The sary, allowaces, secretarial support, office accommodation and infrastructure facilities for establishing the office and other facilities required for efficient functioning of the Forum shall be provided by the concerned Distribution Licensee and the expenditure so involved shall be allowed in the tariff.
3.13The Dtribution Lcensee shall provide the following staff immediately on the establishment of the Forum -
(a)Prsonal Assistants - three,
(b)Ofice Assistants - two,
(c)Pons - three,
(d)Seeper/farrash - one :
Provided tt if the ful strength of staff has not been provided by the Licensee with the establishment of the Forum, the Chairperson may engage the staff on contract after 15 days of notice to the Distribution Licensee on the following monthly salary, for such period, as may be considered necessary' subject to revision by the Commission by an Order:Personal AssistantRs 7000ClerkRs 5500PeonRs 3000Sweeper/FarrashRs 2500
3.14The Fum shall neessarily obtain an e-mail address and a post box number etc. to facilitate easy registration of complaints by consumers.
3.15The Cirperson orthe Technical Member may relinquish their office by-giving three months notice in writing to the Commission or Distribution Licensee as the case may be :Provided tt, in the cse of Technical Member, the copy of the resignation shall also be sent to the Commission forthwith.
3.16The Cirperson ma be removed by the Commission and any Member may be removed by the Distribution Licensee with the approval of the Commission, if the Chairperson or any Member has been adjudged insolvent or is guilty of misconduct (which includes non-compliance with the provisions of these regulations and directions of the Commission), or has been convicted of an offence involving moral turpitude or has become physically or mentally incapable for discharge of his function or has been found to have acquired financial interest affecting prejudicially his function :Provided tt Chairpersn or any Member of the Forum shall not be removed, until an enquiry' conducted by' a Member of the Commission establishes to the satisfaction of the Commission that it has become necessary in the interest of justice to remove the Chairperson or Member of the Forum.
3.17The cstitution o Forums, under these regulations, and compliance of the various provisions thereof shall be deemed to be a condition of the license and non-compliance shall be dealt with in accordance with the provisions of the Electricity Act, 2003.