ln th""'~ :agulations. unless the context otherwise requires:
(a) "Act" means the Electricity Act, 2003.
(bi "Area of supply" means the area within which a distribution Licencee is permitted by his License to supply electricity;
(c) "Chairperson"means the Chairperson of the Forum;
(d) "Commission" means the Jharkhand State Electricity Regulatory Commission; ,
(e) ·"Complainant"means :.
(i) a consumer of electricity including applicants for new .conhections who has a complaint aqainst the licensee;
(ii) the representative of complainant, autborise.d in writing, supported by the affidavit on Non-Judicial. Stamp Paper of appropriate value, duly attested by the Oath Commissioner/Notary Public to represent the complainant before the Forum/Ombudsman; or
(iii) any Reoistered/Unreoistered Association · of consumers where· consumers have similar interest; or
(iv) one or more consumers, where there are numerous consumers having similar interest; or
(v) in case of death of a consumer, his legal heirs or- authorised representatives who makes the complaint;
(h) "Complaint" means any grievance in writing made by a complainant that:-.
(i) there exists defect or deficiency in electricity service provided by the Distribution Licensee; · ''
(ii) an unfair or restrictive trade practice has been adopted by.the Distribution Licensee in providing electricity services;
(iii) The Distribution Licensee has charged a rate in excess of that fixed by the Commission, for supply of electricity and related services;
(iv) The Distribution Licensee has recovered expenses, in excess of charges approved by the Commission, in providing any electric line or electric plant or electric meter;
(v) The electricity services provided by the distribution licensee, is unsafe or hazardous to public life and is in contravention to the provisions of any law in force;
(i) "Conduct of Business Regulations"means JSERC (Conduct of Business) Regulations, 2003 with amendments as frarnec and published by the Commission from time to time.
U) "Consumer" means any person who is supplied with .electricity for his own use by a Distribution Licensee. or the Government or by any other person engaged in the business of supplying electricity to the public under the Applicable Legal Framework or any other law for the time being :• .,.
"restrictive trade practice"in respect of electricity supply means a trade practicee which prevents, distorts or restricts competition in some manner "deemed to be prejudicial to consumer interest, if they raise cost unreasonably, or the price-sand/or profit unreasonably, or if they lead to
(v) or otherwise In relation to electricity service or performance standard;
violations of Electricity Supply Code, contraventions of Act, Rules or . regulations made there under with regard to consumer interest;
(o) "distribution system" means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers;
(p) "Electricity Ombudsman" means an authority to be appointed u1 designated by the Commission, under sub-section (6) of Section 42 of the Act, with whom a representation may be made by any consumer, who is aggrieved by non-redressal of his grievances by the Forum;
(q) "electricity service" means electricity supply, metering, billing, disconnection and reconnection, providing electricity supply connection to the applicant, maintenance of distribution system and all other attendant sub-services etc.;
(r) "Forum" means 'Forum for redressal of grievance<, of the consumers' to be constituted by each distribution licensee;
(s) "Form"means form appended to these Regulations;
(t) "Member" means the Member of the Forum and Includes the Chairperson of the Forum;
(u) "Nodal Officer" means the convener designated by the distribution licensee who would coordinat-s with the Forum/Electricity Ombudsman;
norfl"'\l"'l"'l"'\Orl h\l ~ict .. ih, a+i,......., 1;,...'c\...,. ,.....~ ; ....,, , .. "'' ,...,,...,,...,... ,....& ,...,... + _....,.....,..&.
t""' ............. I 1 .............. ._,, J ..... ,...,u .......... uv, I 11v,:,., ·~I;.~ 111 tJUI ... :n..10..11vC: VI Cl VVI Ill a. Cl~I CCI I ICI ll i;-; fores and mctucss 2.ny person whose premises are fo·r the time being connected for the purpcse cf receiving electricity with the works oi a distribution licensee, the Government or such other person, as the case maybe;
(k) "Consumer dispute" means a dispute where the person/licensee aqainst whom complaint has been made, denies or disputes the allegation contained in the complaint;
(I) "Distribution Licensee" means a licensee authorised to operate and maintain a distribution system for supplying electr.city tothe consumers in his area of supply and includes a deemed licensee;
(m) "defect" means any fault, impertection or shortcoming in quality, quantity, standard of service, equipment or material which is required to be maintained by or under any law in force or under any contract, express or implied, or as is claimed by the distribution licensee in any manner whatsoever in relation to electricity service;
(n) "deficiency" means any fault, impertection, 'shortcorninq or inadequacy in the quality, nature and manner of pertormance which is required to be maintained by or under any law in force or has been undertaken to be i Reg. 2 Ji:ctr'.-.:hcnd Local Ac:s I .;i- \ fi ..
\ \ \ lowering of quality and shall include delay beyond the period agreed to by a Distribution Licensee in providing the electricity services;
(w) "State Government" means the State Government of Jharkhand;
(x) "Licensee" means a person who has been granted a license or is a deemed licensee under Section 14 of the Act;
(y) "unfair trade practice" means a trade practice which a distribution licensee, for the purpose of promoting sale, use or supply of electricity adopts any unfair method or discriminatory or deceptive practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the services are of a particular standard and/or quality" made by him; ·
(z) All other expressions used herein but not specifically defined but defined in the Act shall have the meaning assigned to them in the Act.
PARTII Guidelines for Establishment of Forum of Redressal of Grievances of the Consumers 3 .. Constitution of Forum (s).-( 1) Every distribution licensee shall within six months from the date of gre.nt of license, establish a Fe rum or Forums fer recressal <Jf grievances of the consumers in accordance with these regulations, provided that · ,ivery existing distribution licensee/deemed licensee shall within three months from tl1e date of notification of this regulation, establish a Forum or Forums for Redressal or Grievances of the consumers in accordance with theserequlations.
(2) A distribution licensee may establish one or more than one forum located m different areas/divisions, keeping in view the concentration of the co.nsumer in a particular area and the number of complaints expected to be received and the constraints of the forum in disposing of the complaint" expeditiously within a period of 3 months" from the date of receipt of complaint by it.
(3) The office of the "Forum" shall be at such place(s) as each distribution licensee may specify in accordance with the sub-section (2).
(4) The Forum shall consist of three Members including, the Chairperson, of which none shall be working officer from the llcensee, to be appointed by the distribution licensee. The Licensee will get the panel approved by the Commission lrom which the Chairperson and Members will be appointed by licensee, namely:-
(a) One Member shall be possessing degree in Electrical Engineering and having at least 20 years experience in the transmission, distribution and trading of electricity and who is or has been at least Superintending Engineer or at- an equivalent post in an organization engaged in the business of transmission, distribution and tradins, of electricity;
(b) One Member shall be possessing degree in lawand having at least 15 years experience in legal/judicial work not below the rank of Additional Secretary in the State Government or a registered practioner having at last 15 years experience in the cases related to Electricity; and
(c) One-Member shall be at least a graduate from a recognized University with twenty (20) years of experience and knowledge of accounts and finance in Government Department/Commercial Public undertaking [ 85 !l ! ' ' ' : ,~ .:-- ~tttt®)tt:·. *irffimmnrit~ · ·.,* :~ri·i~}1,iH:ri~ni i i11 nnHthrfftmtiHHffl'HH H. \ :ii Im, i ~ii. ..:·,f;-~fiiF·!"=lhrn11._1~i;,,,1. ·'1· -, . ·= :~·:. .. :; . :
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Provided that the salary, allowances and other terms and conditions of service of the Members, shall not be varied to their disadvantage after appointment.
(i 3) The oifice, staff and other facilities required by Members of the Forum for · efficient functioning· of Forum shall be provided by the distribution licensee. Out of such staff, one person not below the rank of class-l officer shall be designated as full time secretary of the Forum.
(i 4) The approved expenses of Forum including all salaries, honorarium and allowances· payable to Chairperson, Members and staff of the Forum shall be \allowed as pass through expense in the Annual Revenue Requirement of the Distribution Licensee.