Delhi Electricity Regulatory Commission (Redressal of Consumers' Grievances) Regulations, 2003

'lmf ~ GOVERNMENT OF INDIA REGISTERED No. D.L.-33002/99 EXTRAORDINARY PUBLISHED BY AUTHORITY ~, <iilctClI<, ort 10, 2003~ 20, 1925 DELID, TUESDAY, JUNE 10, 2003/JYAISTHA 20, 1925 [u.u.u.~.~.~. 124 [N.C.T.D. No. 124 No. 91] PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI L'··' .~. ...... .: T 'If" ; I 2 . trltli Itill « ~ m-rrri 6lrrr I 4 DELHI GAZETIE :EXTRAORDINARY [PART IV \11lcpH I ~I f.)QZOlct'" I "t3 ~~1,6f3 DELHI GAZETIE :EXTRAORDINARY [PART IV 7. ~U ~I NOTIFICATION DeIhl, the 10th June, 2003 No.F.1l(29)IDEKC/2003-04/10.j(;;-lnexercise of powers conferred on it by Sub- Section (1) of Section 61 -read with Clause (h) and Clause (m) of Sub-Section{l) of Section 11 of the Delhi Electricity Reform Act, 2000 (Act 2 of 2001), the Delhi Electricity Regulatory Commission hereby makes the following Regulations, namely:- 1. Short title and commencement (i) These Regulations may be called the Deihl Electricity Regulatory Commission (Redressal of Consumers' Grievances) Regulations, 2003. (ii) They shall come into force with effect from the date of their publication in the Official Gazette. (iii) They shall extend to the whole of the Notional Capital Territory of Delhi except the areas covered by th~ New Delhi Municipal Council and the Delhi Cantonment Board. (i) Iii) (iii) (i) Definitions' In these Regulations, unlessthe context otherwise requires: "Act" shall mean the Delhi Electricity Reform Act, 2000 (Act 2 of 2001). "Commission" shall mean the Delhi Electricity Regulatory Commission. "Grievance Redressal Officer" shall mean the officer appointed as such under Regulation 3. Appointment of Grievance RedressalOfficer: The Commission shall nominate a nodal officer to be designated as 'Grievance Redressal Officer', hereinafter called the GRO, for dealing with matters relating to consumer grievances. Iii) Any person or organ1zation may submit his grievance to the Commission through a complaint with the following essential submissions: (a) That the complainant has submitted his grievance to the licensee in accordance with the licensee's approved complaint handling procedure along with necessary documentary evidence .. DELHI GAZETIE :EXTRAORDINARY [PARTlY (b) That the complainant is not satisfied with the final response of the licensee or that the licensee has caused a delay in addressing the consumer's grievance beyond the period prescribed in its complaint handling procedure. (c) That the complaint isnot pending before any Court of law or with any other forum. (iii) The Commission shall not take cognisance of the grievance if - (a) The requirements mentioned in clause (ii) are not met with; (b) The subject matter of complaint is outside the jurisdiction of the Commission; (iv) If the Commission declines to entertain the complaint, it shall inform the complainant in writing stating the reasons for declining, within 7 working days. 4. Procedure for filing the Grievances: All grievances shall be submitted in writing to the Grievance RedressalOfficer stating :- (i) The name of the individual or organization, address, telephone number, if any, and service connection number (K No.), of the complainant; (ii) Name of the licensee; (iii) Full description of the matter describing the issues under dispute alongwith necessary documentary evidence. (iv) A brief description of the remedy/relief that the licensee has made or offered together with documentary evidence and an explanation as to how the relief so offered does not meet the ends of justice or other obligations of the licensee. Iv) Specific references to any law, condition of license, RegUlation, code or standard that is alleged to have been violated. 5. Procedure for redressal: (i) Within 3 working days of receipt of a consumer grievance, the GRO shall send an acknowledgement to the complainant The GRO shall, within five days of its receipt. send a copy of the complaint to the licensee to offer parawise comments and such other information as may be necessary to dispose off the grievance effectively and adequately. o:_--==- -- (ii) Subject to clause (iii), the Licensee shall, within 14 working days from the date of receipt, submit its parawise comments and other information mentioned in clause (i) to the GRO failing which it shall be presumed that the Licensee has no comments to offer and the GRO shall proceed further as deemed fit and proper. (iii) The GRO shalt not ordinarily extend the period prescribed for submission of the parawise comments except on a written prayer giving cogent reasonsfor the delay. (iv) The GRO on receipt of the parawise comments from the Licensee, may send a notice to the parties for a personal hearing, if required, and shall record the submission made by the parties during the hearing, if any, or may direct the paries to file an affidavit. (v) The GRO may, if he considers it necessary or on a specific prayer from the parties, allow the parties to file rejoinder within such time as he may consider fit. (vi) Where the GRO, at any stage of the proceedings, finds that the parties are agreeable to reach a settlement, he may record the same and after obtaining the formal consent of the parties thereto, seek approval of the Commission and dispose the matter accordingly. (vii) On receipt of the parawise comments and rejoinders, if any, the GRO may, within 5 working days, obtain the comments of the relevant Divisionsin the Commission. (viii) The GRO shall, within seven working days of obtaining the comments of the relevant Divisionsin the Commission -as mentioned in the foregoing clause, submit the matter through his Division for seeking orders of the Commission and shall, thereafter, communicate the order to the parties. Such order may, in addition to any other relief, also award any compensation to the consumer and the GRO may, while submitting the matter to the Commission for obtaining its orders, recommend such compensation wherever deemed fit: Provided that a compensation not exceeding one thousand rupees may be recommended or awarded without hearing the parties. 6. The licensee shall implement the orders of the Commision within 30 days from the date of receipt of the order and in case of his failure to do so, he shall be liable to be proceeded under Sections 33 and 44 oOhe Act. 10 DELHI GAZETIE :EXIRAORDINARY (PART IV 7. Miscellaneous: (i) Where the GRO is of the opinion that the matter involves a dispute where the parties are not agreeable to a settlement and the matter relates to a subject which needs· to be submitted to the Commission for arbitration under Section 40 of the Act or where on the basis of the material before him. the GRO is of the opinion that the licensee has violated any provision of the Act or Rules or Regulations or Orders or directions made or issued thereunder and calls for proceedings under Section 33 of the Act. he may. after obtaining such advice as mentioned in clause (vii) of Regulation 5. as he may consider necessary. record his opinion and submit the matter for orders of the Commission thereon. (ii) The GRO shall, as far as possible. adhere to the time limits prescribed under these Regulations. However, any delay therein shall not affect the legality of such actions. 8.Monitoring of grievances and use of data related thereto The Commission may (i) Keep a record of consumer grievances brought to it and the resultsthereof relating to each Licensee; (ii) Arrange for publication of the data relating to the grievances; (iii) Take notice of its record of consumer grievances in any proce~dln~ includirlQ but not limited to nroceedings relating to licences nnd tariffs. SOMIT DAS GUPTA, Secy. Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-ll0064 and Published by the Controller of Publications, Delhi-llOOS4.