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at. m W,Rfi3 [W Ill/4/218—1/09—fl'8t] JOINT ELECTRICITY REGULATORY COMMISSION FOR THE STATE OF GOA AND UNION TERRITORIES NOTIFICATION Gurgaon. the 31 st July, 2009 No. JERC-0412009.—|n exercise of the powers under sub-sections (5) of Section 42 read with Section 181 of the Electricity Act. 2003 (36 of 2003) and all other powers enabling it in that behalf and after previous publication. the Joint Eiectricity Regulatory Commission for the State of Goa and Union Territories hereby makes the following regulations specifying guidelines for the licensees in the State of Goa and Union Territories for setting up the Forums for redressal ct grievances of the consumers and for matters incidental and ancillary thereto, namely :—
1. SHORT TITLE, EXTENT AND COMMENCEMENT
(1) These regulations may be called the Joint Electricity Regulatory Commission (Establishment of Forum for Redressal of Grievances of Consumers) Regutations, 2009.
(2) These regulations shall be applicabte to all licensees in the State of Goa and the Union Territories of Andaman & Nicobar islands, Chandigarh. Dadra and Nagar Haveli, Daman & Diu, Lakshadweep and Puducherry, in their respective area of supply.
[ (3) These regulations shall come into force from the date of their publication in the Official Gazette.
2. DEFINITIONS
(1) In these Regulations, unless the context othenrvise requires
(3) “Act" means the Electricity Act, 2003 (36 of 2003);
(b) 'Chairperson' means the Chairperson of the Forum;
aem Grioq—z 19 THE GAZE'E'I'E OFINDIA :EXTRAMDINARY [Pm lIl—SEC. 4]r...—
(e) "Commiesion' means the Joint Etectrieity Regulatory Cemrnission for the State of Sea and Union Territories:
(d) “complainant; includes— (i') A consumer
(ii) A registered consumer society; and
(iii) Any unregistered association of consumers having simitw itttereet;
(e) "eomptaint' means an application made by a consumer beforelthe Forum seeking mdressai of any grievance with regard to suppiy of electricity by the tioensee:
Provided that the fotlowing shail not be considered as the compiaint.
namety- ‘
(i) any grievance arising out of ap'pflcattm of sections 126, 127. 135 to
139. 142,143,149,152 and 161 011118 Ad.
(Ii) any matter pending before. or decided by. any court of law, or authority (except an authority under the control of the licensee) or the Forum, and
(iii) any complaint in regard to recavely of arrears where the billed amount is not disputed.
(1) "Forum" means Forum constituted by the licensee in terms of sub-section (5) of section 42 of the Act and in accordance with these regulations for redressal of grievances of the consumers;
(g) "grievance" means a cause for complaint;
(h) 'Iioensee" means a Distribution Licensee and shall include the person or the Appropriate Government deemed to be the Distribution Licensee under any of the provisos to Section 14 of the Act;
(0 (i) "Member” means a Member of the Forum and unless the context otherwise requires includes the Chairperson;
(j) “Ombudsman” means the authority appointed or designated by the Commission.
under subsection (6) of Section 42 of the Act and in accordance with the Joint Electridty Regulatory Commission ( Alppointment and Functioning of [mm—wu mum: 3mm _ u Ombudsman)Reguiations; 2009 .
(2) Words and expressions used and not defined in these regulations but Mien in the Act shall have the same meanings as assigned to them'in the Act.
3. CONSTITUTE?! OF 7145 FORUM FOR REDRESSAL OFWMCESOF Ti'E em
(1) Every licensee shit. net later than six (6) months of the grant of ueence.
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Provided that in the case a! the ending licensees the period of six (6) Ms specified under this clam. shell eemmenee from he date these regutations come into fume €23 The Forum shall eamiet of three member» including the Chairperson.
(3) The licensee shall Wat H10 therson and one member of the Fm on futi-time basis, and the Commission aha" nominate one ihdependentMeutber. ‘
(4) The qualificattons and emetienee for appointment at Ctaiapusen east me 'MemberbythlWMbe as under, namei'y - cam Rem District Judge! Additional Diem Judge or a retired judicia!mhavingat least 20 years of emience in legailjudiciel sewioe or a retired civil servant not below the rank of a District Collector! Deputy Secretary to the Government of India. ' flewber A serving officer of the licensee not below the rank of Executive Engineer.
failing which a retired person possessing (fl degree in electficallmechaniul engineering and having at least 20 years of experience in distribution of electricity.
(5) The Commission shall nominate one Member familiar with the consumer affairs.
12 THE GAZETTEOF INDIA : EXTRAORDINARY [PARTHI—SEC. 4] '
(6) The Member shall hold office for a term of three years from the date of appointment and subject to fulfillment of other conditions specified in these regulations, he may. with the prior approval of the Commission, be reappointed for another term of three years.
(7) (i) The pay and allowances and other conditions of service of the Member appointed by the licensee from amongst the serving Executive Engineers shall be the same as he 'shall be otherwise entitled while in service .
(ii) The retired officials appointed as Chairperson or Member by the licensee shall be treated as if on re—employment in the scale of pay applicable to them at the time of retirement.
(iii) The Member nominated by the Commission shall be entitled for a per diem fee for each day of participation in the Forum's proceedings or such other remuneration as may be decided by the Commission.
(iv) The pay and allowances and other benefits and terms and conditions of appointment of the Member shall not be varied to his disadvantage after appointment.
(8) ti) The licensee may remove, by order. the Member. except the Member nominated by the Commission) who
(a). has been adjudged as un-discharged insolvent; or
(b) . has been convicted of an offence involving moral turpitude; or
(c). has become physically or mentally incapable of acting as such member; or
(d). has without reasonable cause refused or failed to discharge his functions for a period of at least three months; or 3 ‘ (e). ceases to fulfill any of the conditions of his appointment as member; or
(f). has acquired such financial or other interest that can affect prejudiciatly his functions as a Member, or
(g). has conducted himself in a manner or has so abused his position as to render his continuance in office prejudicial to the public interest or to the objects and purpose of the Act '
Provided that the Member shall not be removed from his office on the grounds specified in items (d), (e) and (f) and (9) above. except after an enquiry to be conducted by a person nominated by the licensee:
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Provided further that the licensee shall duly consider the report submitted by the person nominated to conduct the enquiry and shall communicate its decision to the Member within a period of two months of the receipt of such report.
(9) The licensee shall ensure that the vacancy of Member in the Fotum shall not remain unfilted for a period more than three (3) months.
(10) No act or proceeding of the Forum shall be deemed invalid by reason only of some defect in the constitution of the Forum or by reason of the existence of a vacancy among its members.
4. OFFICE, STAFF AND EXPENSES OF THE FORUM
(1) The Forum shall maintain a regular office at the principal place of business of the licensee where the Forum shall receive the complaints. The Forum shall have sittings at such Principal Office and also at any other place in the area of supply of the Licensee as may be decided by the Forum, or directed by the Commission, from time to time considering the number of complaints received. the place(s) from where the complaint(s) islare received and the proximity to the principal place of business of' the licensees and other relevant factors:
Provided that a licensee may estabiish more than one Forum so as to ensure that the Forum decides every complaint within a maximum period of 45 days from the date of receipt of the complaint by it. The licensee shall clearly specify the location and the jurisdiction of each Forum in case of more than one Forum.
(2) The licensee shall provide required supporting staff and appropriate office accommodation for functioning of the Forum.
(3) The Licensee shall meet all the costs and expenses of the Forum including the establishment and staff required to assist the Forum in the discharge of the tonctions under these Regulations.
3 (4) The expenditure of the Forum will be considered in the revenue requirement of the licensee and will be allowed as a pass—through expense.
(5) The licensee shatl from time to time give publicity to the constitution and existence of the Forum including the bills raised for the supply of electricity to the consumers and in such other manner as the Commission may from time to time notify or direct. The names and designations of the Members and the concerned officers of the Forum, the address, e-mail, (facsimile and phone numbers of the Forum shall be displayed at all the offices 01 the Licensee and shall also be duly publicised, if considered appropriate including the bills raised on the consumers.
THE GAZETTE OFleA : EXTRAORDINARY [PmIII—SEC. 4] PROCEEDINGS BEFORETHE FORUM
(1) All decisions of the Forum shalt be by a majority of the Members present and voting.
(2) The quorum for the meetings of the Forum shall be two.
(3) The meetings of the Fotum shall be presided over by the Chairperson or, in his absence, by the Member appointed by the'licensee.
(4) Every Member shall have one vote and in case of equality of votes on any issue or resolution. the Chairperson. or the Member presiding shalt have a casting or second vote.
(5) The Chairperson shall have the general powers of superintendence and control over the Forum
(6) The Forum shall duty comply with such directions of the Commission issued from time to time. -
(5) The Forum shall entertain the complaints forwarded to or flied before it to writing and the Forum shall not insist or prescribe any format for filing of the complaint or for entertaining .
(6) The office of the Forum shall issue due acknowledgment of ttn-metpt of the complaint to the compiainant.
(7) The Forum shall maintain true and correct record of all eomplainta received from time to time.
(8) The Forum shall, with the approval of the Commission, lay wwn the prooeduceto deal with the complaints.
(9) (i) The Forum shall decide the complaint as expeditiously as possible and shall communicate its decision to the complainant within a period not exceeding 45 days of the receipt of the compiaint.
(ii) The Forum may pass such interim orders as it may consider appropriate, pending the'finat decision on the complaint.
(iii) The Forum shall. give reasons in support of the decisions.
(iv) Every order of the Forum shall be signed by all the Members passing it.
(v) Certified copies of every order passed by the Forum shall be supplied to the complainant and the licensee for compliance.
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(10) Tné'décisions of the Forum shall be binding on the licensee. Non-compl'iance oi Forum’s orders shall constitute a violation of these Regulations. which may attract remedial action under Sections 142 and 146 read with Section 149 of the Act.
6. REPRESENTATIONS T0 OMBUDSMAN if the complainant is aggrieved by the non-redressal of the grievance by theForum within the period specified. he may make a representation to the Ombudsmanappointed or designated by the Commission under sub-section (6) of section 42 ofthe Act. '
7. GENERAL
(1) Savings:-Nothing contained in these regulations shall affect the rights and privileges at the consumer under any other law for the time being in force, including the Consumer Protection Act, 1986 (68 of 1936).
(2) Inspection of Records and Supply of certified copies:-
(i) The aggrieved consumer and the licensee shail be entitted to obtain certified copies of the orders, decisions, directions and the reasons in support thereof given by the Forum.
(ii) Any person shall be entitled to a copy of the documents or orders of the Forum subject to payment of fee and complying with other terms which the Forum may lay down.
(3). Superintendence and Control:- Notwithstanding anything contained in these regulations, the Commission shall have general powers of superintendence and control over the Forum and for this purpose cali for any record from the Forum or the licensee and issue appropriate directionslorders thereupon, which shall be duly complied with by the Forum or the licensee, as the case may be.
(4) Submission of Reports to the Commission:
(1) The Forum shall submit a quarterly report to the Commission on thenumber of complaintsrreceived, disposed of and pending within 15 days Df the end ofthe quarter, along with the reasons for their pendency. The Forum shall supply copies ofthese reports to the licensee also.
(2)1_'he Forum shall also furnish to the Commission. by 315! May every year, a reportcontaining a general review of the activities of its office during the preceding financialyear and shalt also furnish such information as the Commission may require.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IIl—SEC. 4]
(5) Powers to remove difficulties:—lf any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may by general or special order, direct the licensee, andlor the Forum to take suitable action, not being inconsistent with the Electricity Act. 2003, which appears to the Commission to be necessary or expedient for the purpose of removing difficulties.
(6) Issue of orders and practice directions: - Subject to the provisions of the Act, the Commission may from time to time issue orders and practice directions in regard to these regulations.
(7) Power to amend; The Commission may. at any time vary, alter, modify or amend any provisions of these regulations J. S, SEHRAWAT. Secy.
[ADVT |l|l4l218-U09—Extyt] Printed by the Manager, Govt of India ' -----‘ Ring Road/ Mayapuri, New DelhI—I 10064 and Published by lhg Cum tliEf of Publications. Delhi-l 10054.