UP Electricity Regulatory Commission… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Regulations
Year	2003
Jurisdiction	State of Uttar Pradesh
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	environment, consumer

16 mRrj izns'k vlk/kkj.k xtV] 21 tqykbZ] 2022 bZ0 UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION No. U.P.E.R.C./Secy./Regulation/2022-262 Lucknow dated : July 21, 2022 NOTIFICATION UPERC (Consumer Grievance Redressal Forum) Regulations, 2022 In exercise of the power conferred on it by Section 181 read with sub-sections (5) to (8) of Section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling in this behalf, the Uttar Pradesh Electricity Regulatory Commission hereby makes the following Regulations, namely: -

1. Short Title, Commencement and Interpretation–

1.1. These Regulations may be called the “UP Electricity Regulatory Commission (Consumer Grievance Redressal Forum) Regulations, 2022”.

1.2. These Regulations shall extend to the whole of the State of Uttar Pradesh and shall apply on the Distribution Licensees & Franchisee(s) appointed by distribution licensee who are engaged in the business of distribution and supply of electricity in the State.

1.3. These Regulations shall come into force on the date of their publication in Official Gazette.

1.4. These Regulations shall be read with the applicable legal framework.

1.5. In case of conflict between English and Hindi version of these Regulations, the English version shall prevail.

2. Definitions–

2.1. In these Regulations, unless the context otherwise requires-

(a) “Act” means the Electricity Act, 2003;

(b) “Applicant” means an owner or occupier of any premises who files an application form with a distribution licensee for supply/connection (both temporary and permanent) of electricity, increase or decrease in sanctioned load or contracted demand, change in title or mutation of name, change in consumer category, disconnection, restoration of supply, termination of agreement, shifting of connection or metering, billing or collection related issues or any other service as the case may be in accordance with the provisions of the Act, rules and regulations made thereunder;

(c) “Application” means an application form for above purposes complete in all respects in the appropriate format, as specified by the Commission, along with documents and other compliances;

(d) “Applicable legal framework” means the provisions of Electricity Act, 2003 read with Electricity (Rights of Consumers) Rules, 2020;

(e) “Billing cycle or billing period” means the period for which regular electricity bills as specified by the Commission, are issued for different categories of consumers by the distribution licensee;

(f) "Chairman of the Forum” means the head of the forum who is an Officer of the Licensee as specified in these Regulations.

(g) "Commission" means the Uttar Pradesh Electricity Regulatory Commission;

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(h) “Complainant” means – i. An Applicant/consumer or more than one consumer having grievance or authorized representative of such consumers filing a complaint within the meaning of this Regulation or;

ii. Any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law filing a complaint within the meaning of this Regulation.

(i) “Complaint” means any grievance made in writing or by digital mode, by a complainant in relation the Application regarding non-conformity with the provisions specified in the Electricity Supply Code or Standard of Performance Regulations notified by the Commission or billing related issues including charging a price in excess of the price fixed by the Commission in tariff order.

(j) "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 Electricity Act, 2003 or any other law for the time being in force, and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a distribution licensee, the Government or such other person, as the case may be;

(k) “Days” means working days;

(l) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality or quantity of standard of service, nature and manner of performance with respect to provisions of Supply Code and Standard of Performance Regulations as specified by the Commission;

(m) “Disconnection” means the physical separation or remote disconnection of a consumer from the distribution system of the distribution licensee;

(n) "Distribution Licensee" means a licensee authorized to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply and for the purpose of these Regulations includes the distribution franchisee appointed by distribution licensee but not the deemed distribution licensees in form of multi-story buildings having single point connection.;

(o) “Electricity Supply Code” means the U.P. Electricity Supply Code as notified by the Commission from time to time;

(p) “Electricity Ombudsman” means an authority appointed or designated by the Commission, under sub-section (6) of Section 42 of the Electricity Act, 2003;

(q) “Forum” means ‘Consumer Grievance Redressal Forum’ constituted pursuant to Section 42(5) of the Electricity Act and 2003, Electricity (Right of Consumers) Rules, 2020;

(r) “Grievance” means failure of the Distribution Licensee to provide the specified or agreed electricity service as specified in the Supply Code and Standard of Performance Regulations giving rise to a complaint.

(s) “Point of Supply” as specified in the UP Electricity Supply Code 2005

(t) “Prosumer” means a person who consumes electricity from the grid and can also 18 mRrj izns'k vlk/kkj.k xtV] 21 tqykbZ] 2022 bZ0 inject electricity into the grid for distribution licensee, using same point of supply.

(u) ‘Representation’ means the representation made against the decision of forum which is made in original jurisdiction as mentioned in Regulation 3.13 i.e. “Hierarchy of forums for complaints”

(v) “Unauthorized use of electricity” has the meaning as assigned to it under Section 126 of the Act.

2.2. Words and expressions used and not defined in these Regulations but defined in the applicable legal framework as defined in these Regulations or the Consumer Protection Act, 1986 or Electricity (Rights of Consumers) Rules 2020 shall have the meanings respectively assigned to them in the said enactment.

2.3. In the interpretation of these Regulations, unless the context otherwise requires:

(a) Words in the singular or plural term, as the case may be, shall also be deemed to include the plural or the singular term, respectively;

(b) References to any statutes, Regulations or guidelines shall be construed as including all statutory provisions consolidating, amending or replacing such statutes, Regulations or guidelines, as the case may be;

3. Constitution of Consumer Grievance Redressal Forum–

3.1. Distribution Licensee may, establish and make operational forum at different levels in accordance with the Electricity (Rights of Consumers) Rules 2020 read with these Regulations within 60 (Sixty) days from the date of notification of these regulations. The forums established under these Regulations shall entertain complaints of the consumers/complainants, who are supplied or to be supplied electricity within the area of respective forums depending upon the nature of the complaint as specified in Regulation

3.13. Provided that Each Franchise of the distribution licensee will have CGRFs in its area of operation to handle disputes in its original jurisdiction at levels equivalent to sub-division to zonal level after approval of the Commission. For this, such distribution franchisee shall submit a proposed structure before the Commission within 30 days of the notification. The jurisdiction for representation of such CGRFs will lie with the Ombudsman/ the company level CGRF of which it is a franchisee. The CEO of the franchisee or his nominee shall be the special member, in addition to the members of Forum as provided in Regulation 3.2, in the company level CGRF for the matters pertaining to franchisee.

Provided that distribution licensee (other than state owned Discoms) will have CGRFs in its area of operation to handle disputes at levels equivalent to sub-division to company level after approval of the Commission. For this, such distribution licensee shall submit a proposed structure before the Commission within 30 days of the notification. On the establishment of “new forums” under these Regulations, the Distribution Licensee and the Chairman of the forum shall notify, by way of wide publicity in at least one English and one Hindi Newspaper, display on the notice boards of the Distribution Licensee and of new forums, the establishment of the particular new forum under these Regulations along with the following information:

(a) Name of new Forum, Date on which it has started functioning and the name of subdivision/ division/ circle/ zone/ company for which it is operating.

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(b) Address of the forum, with telephone nos. and e-mail address

(c) Jurisdiction of the forum as specified in Regulation 3.13 In addition to this, the above information shall also be published on the website of the Licensee under the tab for CGRF and provide above three details for all the CGRFs operational at different levels in the area of licensee and also details regarding the following:

(a) functions of the forum and

(b) names of the Chairman and the Members of the Forum

3.2 Category wise constitution of forums at different levels– Chairman Two Nominated Members (Consumers) One Nominated Member (Prosumer) One Independent Member General Officer of the Licensee of appropriate seniority who shall be nominated by the licensee Two Nominated Members nominated by the licensee from the consumers of the area of forum One Nominated Member nominated by the licensee from the prosumers of the area of forum One independent member to be nominated by the Commission Rural subdivision Sub-divisional officer (sub-division incharge) of the subdivision.

-do- -do- -do- Urban subdivision Sub-divisional officer (sub-division incharge) of the subdivision.

-do- -do- -do- Division Executive Engineer (division in-charge) of the Division.

-do- -do- -do- Circle Superintending Engineer (Circle in charge) of the Circle.

-do- -do- -do- Zonal Chief Engineer ( In- Charge of Zone) of the Zone.

-do- -do- -do- Company A Director of the distribution Company, nominated by the Chairman of the distribution company.

-do- -do- -do- 20 mRrj izns'k vlk/kkj.k xtV] 21 tqykbZ] 2022 bZ0

3.3 Eligibility of Nominated Members– First Nominated Member (Consumers) Second Nominated Member (Consumers) One Nominated Member (Prosumer) One Independent Member to be nominated by the Commission Rural subdivision  Shall be a consumer of the area of sub-division who has at least passed High School.

 Shall be a rural domestic consumer of the sub-division having contracted load of not less than

2KW.