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Maharashtra Electricity Regulatory Commission, Mumbai.
Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal
Forum & Ombudsman) Regulations, 2003
ELECTRICITY ACT, 2003
No.MERC / LEGAL / 116 / 2003-04.- In exercise of the powers
conferred on it by Section 181 read with sub-sections (5) to (7) of Section 42
of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in
this behalf, the Maharashtra Electricity Regulatory Commission hereby makes the
following Regulations, namely: -
Chapter I
General
1. Short Title, Commencement and Interpretation
1.1 These Regulations may be called the
Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal
Forum & Ombudsman) Regulations, 2003.
1.2 These extend
to the whole of the State of Maharashtra.
1.3 These Regulations shall come into force
from the date of its notification in the Official Gazette.
1.4 These Regulations must be read along with
the regulations as may be specified under the provisions of clause (x) and (za)
of sub-section (2) of Section 181 of the Act.
2. Definitions
2.1 In these Regulations, unless the
context otherwise requires -
(1) Act means the Electricity Act, 2003 (36 of 2003);
(2) "Commission" means the Maharashtra
Electricity Regulatory Commission;
(3) Grievance means any fault,
imperfection, shortcoming or inadequacy in the quality, nature and manner of
performance which has been undertaken to be performed by a Distribution Licensee in pursuance of a
licence, contract, agreement or under the Electricity Supply Code or in
relation to performance standards of licensees, as may be specified.
(4) Forum means Consumer Grievance
Redressal Forum to be constituted by each Distribution Licensee pursuant to
sub-section (5) of Section 42 of the Act and these Regulations.
(5) Ombudsman means an authority to
be appointed or designated by the Commission, under sub-section (6) of Section
42 of the Act and these Regulations.
2.2 Interpretations
Words and expressions
used and not defined in these Regulations but defined in the Act shall have the
meanings respectively assigned to them in the said enactment.
3. Basic Principles
3.1 Every Distribution Licensee shall, within
six months from the Appointed Date or date of grant of license, whichever is
earlier, establish a Forum in accordance with these Regulations. Such Forum
shall follow the principles of natural justice, including, inter alia, the
following:
(1) it shall protect the interest of Consumers;
(2) it shall inform Consumers of their rights;
(3) it shall facilitate and expedite the redressal of
Grievances;
(4) it shall ensure
that Consumers can also have a remedy in the event of failure or delay on the
part of the Distribution Licensee in redressing the Grievances.
3.2 A Distribution Licensee shall establish at least one Forum
in each distribution zone falling within its area of supply.
Explanation for the purpose of this Regulation 3.2,
the term distribution zone shall mean the geographical area falling within the
jurisdiction of a zonal office of the Board at the date of notification of
these Regulations. Provided that where
the area of supply is the city of Greater Mumbai and adjoining areas, each
Distribution Licensee shall have at least one Forum for such area of
supply. The area of jurisdiction of the
Forum shall be decided by the Distribution Licensee.
3.3 Every
Distribution Licensee shall
(a)
publish its draft rules and
procedures for redressal of Grievances and the same shall be made available to
public in English and Marathi at all cash collection centers and offices of the
Distribution Licensee; and
(b)
invite comments, if any, from
its consumers to be submitted at the respective cash collection center or
office of the Distribution Licensee.
(c)
Finalise
them considering comments, if any, and publish and make them available as at
(a) above.
3.4 The Distribution
Licensee shall within a period of three (3) months from the date of
notification of these Regulations ensure that the Distribution Licensee shall
meet the requirements of Chapter II of these Regulations.
Chapter II
Forum for Redressal of Consumer Grievances
4. Constitution of Forum For Redressal of
Consumer Grievances
4.1 Each Forum shall be constituted by the
Distribution Licensee consisting of three members, who shall meet the following
criteria:
(1) The Chairperson of the Forum shall be a retired senior judicial
officer; or a retired civil servant not below the rank of a Collector; or a
retired Principal of a reputed Engineering college; or a retired Professor of
the Electrical Engineering Department of a reputed institute; or a retired
senior electrical engineer of the Government. .
(2) One member shall be a person not below the rank of an executive
engineer of the Board or person of equivalent rank, in case of other
Distribution Licensee.
(3) One member shall be a representative of a registered voluntary
consumer protection organization of the area, working preferably for at least
five (5) years on matters concerning consumer grievances:
Provided that in case the
Distribution Licensee has less than one lac (1,00,000) consumers in its area of
supply in the State of Maharashtra, the Forum may consist of a single member,
who shall fulfill the eligibility criteria of sub-clause (1) above.
Provided
that where the Chairperson is absent from a sitting of the Forum, the technical
member shall be the Chairperson for such sitting.
4.2 The Distribution Licensee shall ensure
that the post of a member in the Forum is not kept vacant for a period
exceeding three (3) months.
4.3 Every member of the Forum shall hold
office for a fixed term of three years provided that a member shall retire from
office upon attaining the age of 65 years and shall not be eligible for
reappointment as such.
4.4 (1)
No person shall be appointed and/or be entitled to continue as a member
if he
stands disqualified on account
of his :
(i) having been adjudged an insolvent;
(ii) having been convicted of an offence which,
in the opinion of the Distribution Licensee, involves moral turpitude;
(iii) having become physically or mentally
incapable of acting as such member;
(iv) having acquired such financial or other
interest as is likely to affect prejudicially his functions as a member;
(v) having
so abused his position as to render his continuance in office prejudicial to
the public interest; or
(vi) having been guilty of proved
misbehaviour.
(2)
An
existing member shall be liable to be removed from his office forthwith in the event of any of the disqualifications
provided above arising or being discovered.
Provided that no member shall be removed from his office on any ground
specified in the aforesaid clauses (iv), (v) and (vi) of Regulation 4.4(1)
unless the Distribution Licensee, has, on an inquiry held by it, concluded that
such member ought, on such ground or grounds, be removed.
4.5 (1) The sitting fees, honorarium and/or
other allowances (collectively
Remuneration) payable
to the members shall be such as may be prescribed by
the Distribution Licensee.
(2)
The
Remuneration and the other terms of office of the members shall not be varied
to the disadvantage of the member after his appointment. The office space,
secretarial support and other facilities required by members for efficient
functioning of the Forum shall be provided by the Distribution Licensee.
4.6 Notwithstanding
the foregoing provisions of Regulation 4 above, the terms and conditions of
service of a member in the Forum who is in the employment of the Distribution
Licensee shall be governed by the terms and conditions of his employment with
such Distribution Licensee.
5. Quorum & other Matters
5.1 The location and the timings of the
office of the Forum shall be specified by the Distribution Licensee so as to
provide convenient access to Consumers.
In order to expedite disposal of
Grievances, the Forum may also hold sittings at such places within its area of
jurisdiction as may be considered necessary and proper by the Forum.
5.2 Except where
the Forum consists of a single member, the quorum of the Forum shall be two
members. In the event a quorum is not present, the Forum shall be adjourned to
the next working day. If at the adjourned meeting also, a quorum is not
present, the member present shall be the quorum.
5.3 The staff of the Forum shall provide such
secretarial assistance to the Forum as may be required for the discharge of its
functions under these Regulations.
6. Procedure for Grievance Redressal
6.1 The
Distribution Licensee shall have an internal system to record and redress
Grievances in a timely manner. The
internal redressal system of the Distribution Licensee shall have office in
each revenue district in the area of supply.
Provided that where the area of supply is the city of Greater Mumbai and
adjoining areas, the internal redressal system of the Distribution Licensee
shall have at least one office for the area of supply. The Distribution Licensee shall endeavour to
redress Grievances, as far as may be, through the internal redressal system.
6.2 Any Consumer
with a Grievance shall intimate the Distribution Licensee of such Grievance in
the form and manner and within the time frame specified by the Distribution
Licensee in its rules and procedures for redressal of Grievances.
6.3 Unless a
shorter period is provided in the Act, in the event that a Consumer is not
satisfied with the remedy provided by the internal redressal system of the
Distribution Licensee to his Grievance within a period of two (2) months from
the date of intimation or where no remedy has been provided within such period,
the Consumer may submit the Grievance to the Forum. Provided that the Consumer
shall submit his Grievance to the Forum no later than twelve (12) months from
the date of original intimation to the Distribution Licensee.
6.4 Grievances falling within the purview of any of the following
provisions of the Act are excluded from the jurisdiction of the Forum:
(1) unauthorized use of electricity as
provided under section 126 of the Act;
(2)
offences and penalties as
provided under section 135 to 139 of the Act;
(3) accident in
the distribution, supply or use of electricity as provided under section 161 of
the Act;
and
(4) recovery of arrears where the bill amount
is not disputed.
6.5 Every
Grievance to the Forum must be submitted in writing in the format set out in Schedule A to these
Regulations. Provided that the Forum
shall make appropriate arrangements, where required, to assist Consumers in
making such written submission. The
Grievance may also be lodged by registered post to the Forum.
6.6 The Forum shall send an acknowledgement of receipt of
Grievance to the Consumer bearing a Serial number and date within three (3)
working days from the date of receipt of a Grievance by post. Where the Grievance has been submitted in
person, the acknowledgement shall be provided at the time of submission.
6.7 A copy of the Grievance shall be forwarded simultaneously
to the nodal officer designated by the Distribution Licensee so as to prepare
the response of the Distribution Licensee to the Grievance.
6.8 The Distribution Licensee shall furnish para-wise comments
on the Grievance within fifteen (15) days of intimation from the Forum, failing
which the Forum shall proceed on the basis of the material record available.
6.9 The Forum shall notify in writing the
parties of the date of hearing of the Grievance, giving sufficient advance
notice. .
6.10 Where the Consumer fails to appear on the date of hearing
as may be fixed by the Forum, the Forum shall decide the Grievance ex-parte, on merits.
6.11 The Forum shall be entitled to call for any record in
respect of the Grievance to facilitate and expedite the disposal of the Grievance. The Forum shall also be entitled to direct
the Distribution Licensee to undertake an inspection or engage a third party to
undertake such inspection with regard to the Grievance, as may be required for
expeditious redressal of the Grievance.
6.12 The Forum shall complete the
enquiry as expeditiously as possible and every endeavour shall be made to pass
appropriate order on the Grievance within a maximum period of two (2) months
from the date of receipt of the Grievance by the Forum. Provided that in the event of the
Grievance being disposed of after the completion of the said period of two (2)
months, the Forum shall record in writing reasons for the same.
6.13 The Forum
shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the
Indian Evidence Act, 1872 (1 of 1872).
7. Inspection of
records and supply of certified copies
(1) The
Consumer and the Distribution Licensee shall be entitled to obtain certified
copies of the orders, decisions, directions and reasons in support thereof
given by the Forum in respect of the Grievance.
(2) Any Person shall be entitled to a copy of the orders of the
Forum subject to payment of fee and complying with other terms, which the Forum
may direct.
8. Findings of the Forum
8.1 On completion of the proceedings
conducted under Regulation 6, except where the
Forum consists of a single member, the Forum shall take a decision by a majority of votes of the
members of the Forum and in the event of equality of votes, the Chairperson
shall have the second and casting vote.
8.2 If, after the completion of the
proceedings, the Forum is satisfied after voting under Regulation 8.1 that any
of the allegations contained in the Grievance is correct, it shall issue an
order to the Distribution Licensee directing it to do one or more of the
following things in a time bound manner, namely-
(1) to remove the cause of Grievance in
question;
(2) to return to the Consumer the undue
charges paid by the Consumer;
(3) to pay such amount as may be awarded by it as compensation to
the Consumer for any loss or damage suffered by the Consumer, provided however
that in no case shall any Consumer be entitled
to indirect, consequential, incidental, punitive, or exemplary damages, loss of
profits or opportunity, whether arising in contract, tort, warranty, strict
liability or any legal theory;
(4) any other order, deemed appropriate in the facts and
circumstances of the case.
8.3 Every order
made by the Forum shall be a reasoned order either in Marathi or English and
signed by the members conducting the proceedings. Provided that where the
members differ on any point or points, the opinion of the majority shall be the
order of the Forum. The opinion of the minority shall however be recorded and
shall form part of the order.
8.4 A certified copy of every order passed by
the Forum shall be delivered to the parties.
8.5 The order of the Forum shall be binding
on the Consumer and the Distribution Licensee unless a representation is made
against the same before the Ombudsman.
8.6 The Distribution Licensee and Consumer
shall, comply with the order diligently and intimate the compliance to the
Forum.
Chapter III
Ombudsman
9. Constitution of
Ombudsman
9.1 The Commission will designate or appoint one or more persons
to be the Ombudsman to carry out the functions entrusted to the Ombudsman under
these Regulations.
9.2 The appointment or designation of the person(s) as the
Ombudsman shall be made for a period not exceeding three (3) years. Provided
that the tenure of the Ombudsman, may be extended by the Commission for a
further period not exceeding two (2) years subject to an overall age limit of
seventy (70) years.
9.3 Where the Commission is satisfied that in the public interest
and for the reasons set out below, it is necessary to remove the person
discharging the duties of an Ombudsman, the Commission may for reasons to be
recorded in writing and by giving three months notice or by paying three months
consolidated emoluments in lieu of the notice period, remove the person
discharging the duties of Ombudsman, if such person:
(1) has
been adjudged an insolvent or
(2) has been convicted of an offence which, in the opinion of
the Commission involves moral turpitude;
(3) has
become physically or mentally incapable of acting as Ombudsman;
(4) has acquired such financial or other interest as is likely
to affect prejudicially his functions as Ombudsman;
(5) has so abused his position as to render his continuance in
office prejudicial to the public interest; or
(6) has
been guilty of proved misbehaviour.
Provided that no person shall be
removed from his office on any ground specified in the aforesaid clauses (4),
(5) and (6) unless the Commission, has, on an inquiry, held by the Commission
concluded that the person ought, on such ground or grounds, be removed.
10 Jurisdiction of
the Ombudsman
The territorial jurisdiction of the Ombudsman shall
extend to the whole
or part of the State of Maharashtra.
Provided that the Commission may appoint or
designate more than one Ombudsman with defined territorial jurisdiction.
11. Location of
office
The office(s) of the Ombudsman(s) will be located at
such place(s) as may be specified by the Commission. In order to expedite
disposal of Grievances the Ombudsman may hold sittings at such places within
his area of jurisdiction as may be considered necessary and proper by him in
respect of a representation before him.
12. Qualification
The Ombudsman shall be constituted from amongst a
retired judge of a High Court, a retired Secretary to the Government, or
retired Chief Executive Officer of an electricity sector utility.
13. Remuneration
The remuneration and other allowances payable to the
Ombudsman will be determined by the Commission from time to time and shall be
paid out of the Fund constituted under section 103 of the Act. Provided however, till the time such Fund is
constituted or as soon as may be reasonably practicable thereafter in the view
of the Commission, the remuneration and other allowances payable to the
Ombudsman shall be borne by the Distribution Licensees in such proportion and
in such manner as may be determined by the Commission.
14. Secretariat
14.1 The Ombudsman shall be provided with a
secretariat.
14.2 The expenses of such secretariat shall be paid out of the Fund
constituted under section 103 of the Act. Provided however, till the time such
Fund is constituted or as soon as may be reasonably practicable thereafter in
the view of the Commission, the expenses of the secretariat shall be borne by
the Distribution Licensees in such proportion and in such manner as may be determined
by the Commission.
14.3 The Ombudsman
shall normally devote his whole time to the
affairs of his office. However, the Commission may permit the Ombudsman to undertake
such part-time honorary work, as is not likely to interfere with his duties
under these Regulations.
15. Powers and Duties of the Ombudsman
The Ombudsman shall have the
following powers and duties:
(1) to receive the representations against the
order of the Forum and consider such representations and facilitate their
satisfaction or settlement by agreement, through conciliation and mediation
between the Distribution Licensee and Consumer or by passing an award in
accordance with these Regulations;
(2) to exercise general powers of
superintendence and control over his office and shall be responsible for the
conduct of business thereat;
(3) to incur expenditure on behalf of the
office; provided however, in order to exercise such power, the Ombudsman will draw up an annual budget for
his office in consultation with the Commission and shall exercise the powers of
expenditure within the approved budget.
16. Proceedings
before an Ombudsman
16.1 The
Ombudsman shall settle the Grievance of the Consumer within such time and in
such manner as specified in the following Regulations.
16.2 Any Consumer, who is aggrieved by the
non-redressal of his Grievance by the Forum, may make a representation for
redressal of his Grievance to the Ombudsman exercising jurisdiction over the
Distribution Licensee within sixty (60) days from the date of the order of the
Forum.
Provided that the Ombudsman may
entertain a representation after the expiry of the said period of sixty (60)
days if he is satisfied that there was sufficient cause for not filing it
within the said period.
16.3 The representation to be made before
the Ombudsman shall be in writing in the form specified and set out in Schedule
B of these Regulations and duly signed by the Consumer and shall state clearly
the name and address of the Consumer, the facts giving rise to the representation
supported by documents, if any, that are desired to be relied upon by the
Consumer and the relief sought from the Ombudsman.
16.4 No representation to the Ombudsman shall lie:
(1) unless the Consumer had made a written
representation in the prescribed form, to the Forum;
(2) unless the Consumer is aggrieved on
account of his Grievances being not redressed by the Forum within the period
set out in these Regulations;
(3) unless the representation against an order
of the Forum was made within the period set out in these Regulations and is not
in respect of the same subject matter that has been settled by the Ombudsman in
any previous proceedings;
(4) in cases where a representation for the
same grievance by the Consumer is
pending in any proceedings before any court, tribunal or arbitrator or any
other authority , or a decree or award or a final order has already been passed
by any such court, tribunal, arbitrator or authority; and
(5) unless the Consumer has deposited in the
prescribed manner, fifty percent of the amount that is required to be paid by
him in terms of an order of the Forum or twenty-five thousand rupees whichever
is less.
16.5 The Ombudsman may
reject the representation at any stage if it appears to him that the
representation is:
(1) frivolous, vexatious, malafide;
(2) without any sufficient cause;
(3) not being pursued by the Consumer with
reasonable diligence ;
(4) there is no prima facie loss or damage or
inconvenience caused to the Consumer;
(5) complicated in nature such that the
representation requires consideration of elaborate documentary and oral
evidence and the proceedings before the Ombudsman are not appropriate for
adjudication of such representations.
16.6 The decision of the Ombudsman in this regard shall be final and
binding on the Consumer and the Distribution Licensee.
16.7 The Ombudsman
shall endeavor to promote a settlement of the representation received through
conciliation or mediation. To promote
such a settlement, the Ombudsman may follow such procedures as it may consider
appropriate and the Ombudsman shall not be bound by any legal rule of evidence.
16.8 If a
representation is not settled by agreement within a period of one (1) month
from the date of its receipt or such further period as the Ombudsman may
consider necessary, the Ombudsman may give an award after affording the parties reasonable opportunity to
present their case.
16.9 The Ombudsman shall complete the
enquiry as expeditiously as possible and every endeavour shall be made to pass
appropriate order on the representation within a period of two (2) months from
the date of receipt of the representation by the Ombudsman. Provided that in the event of the
representation being disposed of after the completion of the said period of two
(2) months, the Ombudsman shall record, in writing, the reasons for the same.
16.10 The Ombudsman shall be guided by such factors
which in the opinion of the Ombudsman are necessary in the interest of justice
and shall ensure transparency while exercising its powers and discharging its
functions. Provided however, that the
Ombudsman shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908)
or the Indian Evidence Act, 1872 (1 of 1872).
16.11 The award issued by the Ombudsman shall set
out -
(1) issue-wise
decision;
(2) reasons
for passing the award; and
(3) directions,
if any, to the Distribution Licensee or Consumer.
16.12 A copy of the award shall be sent to the Consumer and the
Distribution Licensee named in the representation.
16.13 The Distribution Licensee and Consumer shall, comply with the
award diligently and intimate the compliance to the Ombudsman.
17. Power to
call for Information
(1) For the purpose of carrying out duties, an
Ombudsman may, within fifteen (15) days of request, require the Distribution
Licensee named in the representation to furnish any information or certified
copies of any document relating to the subject matter of the representation,
which is or is alleged to be in the knowledge or possession of the Distribution
Licensee. Provided that in the event of failure of a Distribution Licensee to
comply with the requisition without any sufficient cause, the Ombudsman may, if
deemed fit, proceed to settle the case on the basis of the records available
with the Ombudsman.
(2) The Ombudsman may also direct the
Distribution Licensee to undertake an inspection or engage a third party to
undertake such inspection, as may be required for expeditious disposal of the
representation and redressal of the Grievance.
18. Inspection
of records and supply of certified copies
(1) The
Consumer and the Distribution Licensee shall be entitled to obtain certified
copies of the orders, decisions, directions and reasons in support thereof
given by the Ombudsman in respect of the Grievance.
(2) Any Person shall be entitled to a copy of the orders of the
Ombudsman subject to payment of fee and complying with other terms, which the
Ombudsman may direct.
19. Savings
The provisions of these
Regulations shall be without prejudice to the right, which the Consumer may
have apart from the rights conferred upon him by these Regulations.
20. Powers to remove difficulties
If
any difficulty arises in giving effect to any of the provisions of these
Regulations, the Commission may by general or special order, direct the
Distribution Licensee to take suitable action, not being inconsistent with the
Act, which appears to it to be necessary or expedient for the purpose of
removing difficulties.
21. Issue of Order 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 the implementation of these Regulations.
22. Power to Amend
The
Commission may, at any time vary, alter, modify or amend by notification any
provision of these Regulations. Provided that the Commission shall evaluate the
effectiveness of these Regulations within a period of eighteen (18) months from
the date of notification thereof, and make suitable modifications after due
consultation to enhance their effectiveness, if considered necessary.
23. Submission of Report
The
Forum and Ombudsman shall submit to the Commission, in the form as may be
specified by the Commission, six-monthly reports in respect of consumer
grievance filings and redressal within fifteen (15) days of the end of each
six-month period.
24. Treatment of
Expenses
All
reasonable costs incurred by a Distribution Licensee on the establishment and
running of the Forum and the Ombudsman, to the extent reasonable and justifiable,
shall be allowed in the determination of tariff of the Distribution Licensee in
accordance with the regulations of the Commission.
Sd/-
(A.M.
Khan)
Secretary
Place: Mumbai
Dated: 10th
December,2003.
Schedule A
APPLICATION FOR REDRESSAL OF GRIEVANCE
Date_____________
1. NAME
OF THE CONSUMER ____________________
2. FULL
ADDRESS OF THE CONSUMER
____________________
PIN
CODE _________________
PHONE NO. / FAX
NO_________________
3. PARTICULARS
OF CONNECTION AND CONSUMER NO.
(Please state nature of
connection)
_______________________________________________________________
4. DETAILS OF THE
GRIEVANCE
(If space is
not sufficient Please enclose separate sheet)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5.
(a) DATE
OF ORIGINAL INTIMATION OF GRIEVANCE BY THE CONSUMER TO THE DISTRIBUTION
LICENSEE ________________________________________________________
6. REMEDY PROVIDED BY THE DISTRIBUTION LICENSEE, IF ANY
(If remedy has been provided, please enclose relevant communication from the
Distribution Licensee)
7. NATURE OF RELIEF
SOUGHT FROM THE FORUM
_______________________________________________________________________
( Please enclose any proof to support claim, if any)
8. LIST OF DOCUMENTS
ENCLOSED
(Please enclose copies of any relevant documents)
9. DECLARATION
(a) I/ We , the
Consumer /s herein declare that:
(i) the
information furnished herein above is true and correct; and
(ii) I/
We have not concealed or misrepresented any fact stated in aforesaid columns
and the documents submitted herewith.
(b) The
present Grievance has been intimated to the Distribution Licensee in the form
and manner and within the time frame prescribed by the Distribution Licensee
and I/ We are not satisfied by the remedy provided by the Distribution Licensee
or no remedy was provided within a period of two (2) months from the date of
original intimation.
(c) The
subject matter of the present Grievance has never been submitted to the Forum
by me/ or by any one of us or by any of the parties concerned with the subject
matter to the best of my/ our knowledge.
(d) The
subject matter of my / our Grievance has not been settled through the Forum in
any previous proceedings.
(e) The
subject matter of my / our Grievance has not been decided by any
authority/court/arbitrator.
OR
The subject
matter of my / our Grievance is pending since (please mention the date when the matter was
filed)
.. before
(*Please mention the name of the authority/court/arbitrator before whom
the Grievance is pending) and the proceedings are likely to take time for
being finally adjudicated
Yours faithfully
(Signature)
(Consumers name in block letter)
NOMINATION
(If the Consumer wants to
nominate his representative to appear and make submissions on his behalf before
the Forum, the following declaration should be submitted.)
I/We the above named Consumer
hereby nominate Shri/Smt.
.. , who is not an Advocate and whose
address is
..
.. as my/our REPRESENTATIVE in the proceedings and confirm that any
statement, acceptance or rejection made by him/her shall be binding on me/us.
He/She has signed below in my presence.
ACCEPTED
(Signature of Representative) (Signature of Consumer)
Schedule B
REPRESENTATION BEFORE OMBUDSMAN
No.
_____of year _______
Date_____________
(TO BE FILLED
UP BY OFFICE)
To
The Ombudsman
(Address)
Dear Sir,
SUB: GRIEVANCE
AGAINST____________(NAME OF THE
DISTRIBUTION LICENSEE)
Being aggrieved
the consumer named herein had submitted a representation to the Forum. Details
of the Grievance are as under:
1. NAME
OF THE CONSUMER ____________________
2. FULL
ADDRESS OF THE CONSUMER
____________________
PIN
CODE _________________
PHONE NO. / FAX
NO_________________
3. NAME AND FULL ADDRESS OF THE DISTRIBUTION
LICENSEE, PIN CODE, PHONE NO. / FAX NO._________________________________
4.
PARTICULARS OF CONNECTION AND CONSUMER NO.
(Please state nature of
connection)
_______________________________________________________________
5. (a) DATE OF REPRESENTATION BY THE
CONSUMER TO THE DISTRIBUTION
LICENSEE
________________________________________________________
(Please enclose three copies of the representation)
6. SUBJECT MATTER OF
THE REPRESENTATION____________________________
7. DETAILS OF THE
REPRESENTATION
(If space is
not sufficient Please enclose separate sheet)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
8.
Whether the Consumer has
received the final decision of the Forum ?
(If yes, please enclose
three copies of the Forums order conveying its final decision)
9 NATURE OF RELIEF
SOUGHT FROM THE OMBUDSMAN
_______________________________________________________________________
( Please enclose three copies of documentary proof, if any, in
support of your claim)
10. NATURE AND EXTENT
OF MONETARY LOSS, IF ANY, CLAIMED BY THE CONSUMER (IF ANY) BY WAY OF
COMPENSATION Rs_________________
(Please enclose documentary proof, if any, to show that such loss is actual
loss caused as a direct consequence of alleged act, omission or commission of
the Distribution Licensee)
11. LIST OF DOCUMENTS
ENCLOSED
(Please enclose three copies of all the documents)
12. DECLARATION
(a) I/ We , the
Consumer /s herein declare that:
(i) the
information furnished herein above is true and correct; and
(ii) I/
We have not concealed or misrepresented any fact stated in aforesaid columns
and the documents submitted herewith.
(b) The
subject matter of my / our representation has never been brought before the
Office of the Ombudsman by me/ or by any one of us or by any of the parties
concerned with the subject matter to the best of my/ our knowledge.
(c) The
subject matter of my / our representation has not been settled through the
Office of the Ombudsman in any previous proceedings
(d) The
subject matter of the present representation has not been decided by any
authority/court/arbitrator. OR
The subject
matter of the present representation is pending since (please mention the date when the matter was
filed)
.. before
(*Please mention the name of the authority/court/arbitrator beforewhom
the) and the proceedings are likely to take time for being finally
adjudicated
Yours faithfully
(Signature)
(Consumers name in block letter )
NOMINATION
(If the Consumer wants to
nominate his representative to appear and make submissions on his behalf before
the Ombudsman or to the Office of the Ombudsman, the following declaration
should be submitted.)
I/We the above named Consumer
hereby nominate Shri/Smt
.. who is not an Advocate and whose
address is . . . . .. . . . .. . . . . . . . . . . . .
as my/our REPRESENTATIVE in the proceedings and
confirm that any statement, acceptance or rejection made by him/her shall be
binding on me/us. He/She has signed below in my presence.
ACCEPTED
(Signature of Representative)
(Signature of Consumer)