(1)The minimum compensation to be paid by the licensee to the affected person is specified in the Schedule :
Provided that the actual compensation may, after giving to the licensee and claimant a reasonable opportunity of being heard, be determined by the Commission. or the person who has been delegated the powers of the Commission under section 97 of the Act, for violation of the standards and loss/damage suffered consequent to the failure of the licensee to meet the guaranteed standards of performance:
(2) Where the distribution licensee finds that it has failed to meet the standards of performance specified under these regulations, the licensee shall be liable to pay to the affected person, such compensation as provided in the Schedule :
Provided that any person who is affected by the failure of the licensee to meet the standards of performance specified under these regulations and who seeks to claim compensation shall file his claim, on the format as per Annexure A to these regulations, with the authorised officer of the licensee within a maximum period of 45 days from the time such a person is affected by such failure of the licensee to meet the standards of performance:
Provided further that the licensee shall compensate the affected person(s) within a maximum period of ninety (90) days from the date of his claim.
(3) In case the licensee fails to pay the compensation or if the affected person is aggrieved by non-redressal of his grievances, he may make a representation for the redressal of his grievance to the concerned Consumer Grievance Redressal Forum, in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers) Regulations, 2003 and if the consumer is not satisfied with the redressal of his grievances by the Forum, the consumer may make a representation to the Ombudsman, in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission (Electricity Ombudsman) Regulations, 2004 :
Provided that in case the claim for compensation is upheld by the Consumer Grievances Redressal Forum, the compensation determined by the Commission in the Schedule will be implemented by the Forum or in case of appeal filed against the order of the Forum before him by the Ombudsman and is to be paid by the concerned distribution licensee:
Provided further that such compensation shall be based on the classification of such failure as determined by the Commission under the provisions of section 57 of the Act and the payment of such compensation shall be paid through cheque or adjusted in the consumer’s future bills (issued subsequent to the award of compensation) within ninety
(90) days of a direction issued by the Forum or by the Ombudsman, as the case may be.
Compendium of HPERC Regulations, March 2021 5
(4) The license shall duly reflect the payment/adjustment of compensation paid out in the quarterly and the consolidated annual report to be submitted by him under regulation10.
(5) The licensee shall maintain a record of compensation payable under these regulations showing the name, consumer number and address of the affected person, amount of compensation payable and actually paid, mode of adjustment of compensation, reason(s) for non-compliance of the guaranteed standards of performance in each case.
The record giving details of compensation paid on account of contravention of the guaranteed standard of performance by the licensee in compliance of any lawful order made by any court or tribunal, other than the Commission or the person authorised by it under section 97 of the Act, constituted under any law for the time being in force, shall also to be maintained.
CHAPTER – III COMPLAINT HANDLING MECHANISM