Abstract of Regulations


( Abstract of Consumer Grievance Redressal Forum and Electricity Ombudsman Regulation

issued by TNERC )       

 

 

       The complaint should always be in writing and  should relate to a) defect or deficiency in electricity sector provided by the licensee b) unfair or restrictive trade practices of licensee in providing electricity services c) charging of a price in excess of the price fixed by the Commission for consumption of electricity and allied services  (Reg. 2.(f)
      The person who complains should be a complainant as defined in Regulation 2(e)
      The  earlier complaint to the Forum  must have been in writing (Reg. 17(4) (a)
     The Consumer Grievance Redressal Forum, ought to have rejected the complaint or should not have sent a reply within 2 months from the date of filing the grievance or the complainant should not have been satisfied with the reply of the Forum.  However, complaints of common nature can be directly brought to the Ombudsman by a State Level Consumer Association.   (Reg. 17(1)
     The complaint should be made within three months from the date of order of the Forum.  (Reg. 17(4) (b)
     The subject matter in the complainant should not have already been settled by the Electricity Ombudsman whether filed by the complaint himself or along with one more complainants or anyone or any of the parties concerned with the subject matter. (Reg. 17(4)(c)
     The subject matter of the complaint should not pertain to the same subject before any court or a decree or award or a final order has already been passed by the competent court.              (Reg. 17(4) (d)
Rejection of complaint at the initial stage

The complaint may be rejected at the initial stage itself, if appears to be  frivolous, vexatious, without sufficient cause or not pursued by the complainant with reasonable diligence or there is not prima facie loss or inconvenience to the complainant. (Reg. 18 (a), (b), (c) & (d)

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       Every licensee is bound to furnish the certified copies of documents relating to the subject matter of the complaint within 15 days of its request by the Ombudsman failing which it be deemed that the said document would be unfavorable to the licensee and Ombudsman would proceed to decide the case on that basis. (Reg. 19(1)
Settlement of complaint by agreement
 The Ombudsman may, attempt to settle the complaint by mutual agreement between the parties and in that process,  he may require the parties to record such settlement in writing and issue orders. (Reg. 20(1) & 20(3)
Procedures during hearing
  1. The Ombudsman, may determine the date of and time of hearing, if there is no settlement by mutual agreement. (Reg. 20 (1)

  2. The parties may be required to plead by oath. (Reg. 20(2) 

  3. Directions may be given to the parties for written note of their arguments or submission . (Reg. 20(2)

  4. The parties can represented in person or through their representative of their choice. Reg. 20(3)

 

Awards
  1.  The Ombudsman will pass orders within three months from the date of receipt of complaint, the copy of which will be sent to the complainant and the licensee (Ref. 22(2) 22(3) and 22(4)

  2.  The licensee shall comply with the award within the time specified in the order and intimate the same to the Ombudsman. (Reg. 22(5)

 

Other remedies
The  consumerís rights under the Consumer Protection Act 1986 or any other law for the time being in force shall not be affected by the Ombudsman regulations but Ombudman may refuse to accept the complaint if simultaneous remedy is sought before the Ombudman as well as any other judicial forum.  (Reg. 24 and 17(4) (d)

 


 

This is only an explanation to the Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman and in case of  ambiguity, the Notification No. TNERC/CGR &EO/6/1 dated 8-1-2004 shall prevail over this.