Section 30 in The Delhi Electricity Regulatory Commission (Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2018
30. Proceedings of the Ombudsman.
(1)Within seven (7) days of receipt of a representation, the Secretary shall send an acknowledgement to the complainant.(2)Representations 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)Within seven (7) days of registration, the Ombudsman shall call for records relating to the representation from the concerned Forum.(4)The concerned Forum shall send the entire records to the office of the Ombudsman within fifteen (15) days from the date of receipt of such notice.(5)The Ombudsman may determine the manner, the place, the date and the time of the hearing of the matter as the Ombudsman considers appropriate.(6)The Ombudsman shall notify the Distribution Licensee and the applicant who has submitted the representation, the date of hearing in writing, giving sufficient advance notice, of not less than seven (7) days.Provided that representations filed by applicants who are senior citizens, physically challenged, widows and persons suffering from serious ailments shall be listed and disposed of on a priority basis.(7)A consumer, Distribution Licensee or any other person who is a party to any proceedings before the Ombudsman may either appear in person or authorize any person to present his case before the Ombudsman and to do all or any of the acts for the purpose.(8)Where any person who has been a party to the proceedings before the Ombudsman fails to appear on the date of hearing as may be fixed on more than two (2) consecutive occasions, in this behalf, the Ombudsman may decide the Grievance ex-parte:Provided that no adjournment shall be ordinarily granted by the Ombudsman unless sufficient cause is shown and the reasons for the grant of adjournment have been recorded in writing by the Ombudsman.(9)The Ombudsman may reject the representation at any stage if it appears to him that the representation is:(i)frivolous, vexatious, malafide;(ii)without any sufficient cause;(iii)there is no prima facie loss or damage or inconvenience caused to the consumer; or(iv)complicated in nature such that the representation requires consideration of elaborate documentary and oral evidence and the proceedings before the Ombudsman are not appropriate for adjudication of such representations:Provided that the decision of the Ombudsman in this regard shall be final and binding on the consumer and the Distribution Licensee:Provided further that no representation shall be rejected unless the applicant has been given an opportunity of being heard.(10)The Ombudsman may hear the parties and may direct the parties to submit written statements of submissions in the matter.(11)The Ombudsman shall pass a written order giving reasons for all his findings and award.(12)The Ombudsman shall pass an award as early as possible but no later than three (3) months from the date of receipt of the representation:Provided that where there is delay in disposal of a representation within the said period of three (3) months, the Ombudsman shall record reasons of such delay.(13)The order passed by the Ombudsman shall set out -(i)issue-wise decision;(ii)reasons for passing the order;(iii)directions, if any, to the Distribution Licensee or consumer or any other order, deemed appropriate in the facts and circumstances of the case; and(iv)directions to pay such amount as compensation as specified by the Commission in the SOP Regulations.(14)Notwithstanding the provisions of sub-Regulation (12) above, the Ombudsman may pass such interim orders, at any stage during the disposal of the representation, on the request of the consumer as the Ombudsman considers appropriate pending the final decision on the representation: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)A certified copy of the order or award shall be sent to the parties within seven (7) days from the date of order. A copy of the order may also be sent to the concerned Forum for information.
