Section 6 in The Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2006
6. Procedure for Grievance Redressal.
- 6.1 The Distribution Licensee shall have an Internal Grievance Redressal Cell to record and redress Grievances in a timely manner. The IGR Cell of the Distribution Licensee shall have office(s) in each revenue district in the area of supply.Provided that where the area of supply is the city of Greater Mumbai and adjoining areas, the IGR Cell of the Distribution Licensee shall have at least one (1) office for the area of supply. The Distribution Licensee shall endeavour to redress Grievances through its IGR Cell.6.2A consumer with a Grievance may intimate the IGR Cell of such Grievance in the form and manner and within the time frame as stipulated by the Distribution Licensee in its rules and procedures for redressal of Grievances.Provided that where such Grievance cannot be made in writing, the IGR Cell shall render all reasonable assistance to the person making the Grievance orally to reduce the same in writing.Provided also that the intimation given to officials (who are not part of the IGR Cell) to whom consumers approach due to lack of general awareness of the IGR Cell established by the Distribution Licensee or the procedure for approaching it, shall be deemed to be the intimation for the purposes of these Regulations unless such officials forthwith direct the consumer to the IGR Cell.6.3(a)The office of the IGR Cell shall issue acknowledgement of the receipt of the Grievance to the consumer within five (5) working days from the date of receipt of a Grievance. Where the Grievance has been submitted in person, the acknowledgement shall be provided at the time of submission.Provided that where the Grievance is submitted by email to the IGR Cell acknowledgement of the receipt of the Grievance to the consumer shall be provided by return email as promptly as possible.Provided further that the IGR Cells shall keep such electronic records in hard form for ease of retrieval.Provided further that where the Grievance is submitted by email hard copies of the same shall be submitted forthwith separately to the IGR Cell.(b)Notwithstanding sub-clause (a), the written acknowledgement of receipt of grievance provided by officials (who are not part of the IGR Cell) shall be deemed to be the acknowledgement for the purposes of these Regulations.6.4Unless a shorter period is provided in the Act, in the event that a consumer is not satisfied with the remedy provided by the IGR Cell to his Grievance within a period of two (2) months from the date of intimation or where no remedy has been provided within such period, the consumer may submit the Grievance to the Forum. The Distribution Licensee shall, within the said period of two (2) months, send a written reply to the consumer stating the action it has taken or proposes to take for redressing the Grievance.6.5Notwithstanding Regulation 6.4, a Grievance maybe entertained before the expiry of the period specified therein, if the consumer satisfies the Forum that prima facie the Distribution Licensee has threatened or is likely to remove or disconnect the electricity connection, and has or is likely to contravene any of the provisions of the Act or any rules and regulations made thereunder or any order of the Commission, provided that, the Forum or Electricity Ombudsman, as the case may be, has jurisdiction on such matters.Provided further that no such Grievance shall be entertained, before the expiry of the period specified in Regulation 6.4, unless the Forum records its reasons for the same.6.6The Forum shall not admit any Grievance unless it is filed within two (2) years from the date on which the cause of action has arisen.6.7The Forum shall not entertain a Grievance. - (a) unless the consumer has complied with the procedure under Regulation 6.2 and has submitted his Grievance in the specified form, to the Forum;(b)unless the consumer is aggrieved on account of his Grievance being not redressed by the IGR Cell within the period set out in these Regulations;(c)unless the Forum is satisfied that the Grievance is not in respect of the same subject matter that has been settled by the Forum in any previous proceedings; and(d)where a representation by the consumer, in respect of the same Grievance, is pending in any proceedings before any court, tribunal or arbitrator or any other authority, or a decree or award or a final order has already been passed by any such court, tribunal, arbitrator or authority.6.8If the Forum is prima facie of the view that any Grievance referred to it falls within the purview of any of the following provisions of the Act the same shall be excluded from the jurisdiction of the Forum:(a)unauthorized use of electricity as provided under section 126 of the Act;(2)(b)offences and penalties as provided under sections 135 to 139 of the Act;(c)accident in the distribution, supply or use of electricity as provided under section 161 of the Act; and(d)recovery of arrears where the bill amount is not disputed.6.9The Forum may reject the Grievance at any stage if it appears to it that the Grievance is:(a)frivolous, vexatious, mala fide;(b)without any sufficient cause;(c)there is no prima facie loss or damage or inconvenience caused to the consumer;Provided that no Grievance shall be rejected in respect of subclauses (a), (b) and (c) unless the applicant has been given an opportunity of being heard.6.10Every Grievance must be submitted in writing to the Forum in the format set out in Schedule A to these Regulations.Provided that where such Grievance cannot be made in writing, the Forum shall render all reasonable assistance to the person making the Grievance orally to reduce the same in writing and in filling up the format set out in Schedule A to these Regulations. The Grievance may also be lodged by registered post acknowledgement due, by speed post or by courier service or by any other means of transmission of documents (including FAX message).Provided further that the Distribution Licensee shall, in its website, upload the format set out in Schedule A to these Regulations in word form so as to enable consumers, at their option, to submit their Grievance in electronic form.Provided further that all enclosures to such Grievance submitted in electronic form shall be submitted in scanned form.Provided also that submission of Grievance in electronic form shall be as per the rules and procedures of the Distribution Licensee as in force from time to time.6.11The Forum shall send an acknowledgement of receipt of Grievance to the consumer bearing a serial number and date within five (5) working days from the date of receipt of a Grievance. Where the Grievance has been submitted in person, the acknowledgement shall be provided at the time of submission.Provided that where the Grievance is submitted by email to the Forum acknowledgement of the receipt of the Grievance to the consumer shall be provided by return email as promptly as possible.Provided further that the Forum shall keep such electronic records in hard form for ease of retrieval.Provided further that where the Grievance is submitted by email hard copies of the same shall be submitted forthwith separately to the Forum.6.12A copy of the Grievance shall be forwarded forthwith by the Forum to the Nodal Officer designated by the Distribution Licensee for redressal or to file its reply to the Grievance. The Nodal Officer shall act as the co-ordinator for filing of reply, making submissions, providing issue-wise comments on the Grievance, submitting compliance status/reports, etc., before the Forum and/or the Electricity Ombudsman, as the case may be.6.13Within fifteen (15) days of intimation from the Forum or within such other time as it may direct, the Distribution Licensee shall furnish, to the Forum with a copy to the consumer, its issue-wise comments on the Grievance, failing which the Forum shall proceed on the basis of the material record available.6.14The Forum shall notify the Distribution Licensee and the applicant who has submitted the Grievance, the date of hearing of the Grievance in writing, giving sufficient advance notice.6.15A consumer, Distribution Licensee or any other person who is a party to any proceedings before the Forum may either appear in person or authorise any person other than an Advocate (within the meaning of the Advocates Act, 1961) to present his case before the Forum and to do all or any of the acts for the purpose.6.16Where 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 in this behalf, the Forum may decide the Grievance ex-parte.Provided that no adjournment shall be ordinarily 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.6.17(a)The Forum shall be entitled to call for any record and/or require attendance of any person to facilitate and expedite the disposal of the Grievance. The Forum shall also be entitled to direct the Distribution Licensee to undertake an inspection.(b)Notwithstanding sub-clause (a), the Forum may engage a third party to undertake such inspection with regard to the Grievance, as may be required for the expeditious redressal of the Grievance.Provided that the Forum shall record the reasons in writing requiring the engagement of third party to undertake such inspection.(c)The expenses of such inspection to be undertaken by third party as referred to in sub-clause (b) shall be borne by the Distribution Licensee and to the extent reasonable and justifiable such expenses shall be allowed in the Page 12 of 29 determination of tariff in accordance with the terms and conditions of tariff as specified by the Commission.6.18After considering the Grievance submitted by the consumer, issue-wise comments on the Grievance submitted by the Distribution Licensee, all other records available, the Forum shall complete the enquiry as expeditiously as possible and every endeavour shall be made by the Forum to pass appropriate order, on the Grievance for its redressal within a maximum period of two (2) months from the date of receipt of the Grievance by the Forum.Provided that the Forum shall issue such directions as it may deem necessary for redressal of the Grievance within stipulated time frames.Provided further that if the Order of the Forum is passed after the completion of the said period of two (2) months, the Forum shall record in writing reasons for the same.6.19The Forum shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872) as in force from time to time.6.20(a)Notwithstanding anything to the contrary contained above, the Forum may initiate any proceedings suo motu, and give such orders and directions as may be deemed necessary, including, inter alia, for service of notices to the affected parties and invite reply on the issues involved in the proceedings in such form as the Forum may direct.(b)While issuing the notice of inquiry or at any time thereafter, the Forum may, at its discretion designate any person whom the Forum considers appropriate to, -(i)present the case of a party which cannot afford to engage its representative, or(ii)act as amicus curiae to assist the Forum in its proceedings.
