Constitution of the Forum.
2.2 The number of Forums, their locations and areas of jurisdiction may be decided by the licensee. However, the licensee should make an endeavour to establish at least one Forum in each Supply Circle.
2.3 The Forum shall have sittings at the headquarters and/or at any other place in the licensee's area as may be decided by the Chairperson depending upon the number of grievances and area of operation.
2.4 The Forum shall consist of three Members including Chairperson.
(a)(i) The First Member shall be the Chairperson of the forum. The First Member (Chairperson) should be a retired Judicial Officer not below the rank of Additional District and Session Judge or a retired officer of Bihar Administrative Service not below the rank of Additional District Magistrate/Additional Collector or equivalent post with minimum 20 year experience. Preference shall be given to the officer having experience of Judicial/Quasi Judicial work and has shown capacity in dealing with problems relating to Electricity Regulatory matters and familiar with the consumers affairs service.
(ii) The Second Member shall be appointed by the licensee from amongst the serving officers in grade not below the rank of Executive Engineer or equivalent having total experience of 8 years out of which at least three years experience in Accounting and/or Revenue and/or Commercial matters.
(iii) The Third Member shall be Independent Member: The person shall be a representative of a registered society/NGO/consumer organization having one of its main objectives as consumer protection with at least 5 years of standing or alternatively the representing member should have five years of experience in consumer-related matters.
(iv) The Chairperson (First Member) and the Independent Member (Third Member) shall be selected through proper advertisement in Press and on the Website & Notice Board of the Commission and the licensee.
(v) The Chairperson (First Member) of the Forum shall be nominated by the Commission and appointed by the licensee and the Independent Member (Third Member) shall be appointed by the Commission. The process of the appointment of the Chairperson (First Member) and the Independent Member (Third Member) of the Forum shall be initiated by the Commission.
2.5 The Distribution Licensee shall propose to the Commission a panel of names of at least three officers for each post of the Second Member of the Forum. Details of qualification, experience and background relating to ability, integrity and standing shall be submitted in respect of each officer. The Commission shall consider the names proposed by the licensee and after its approval, the licensee shall appoint the Second Member.
2.6 Every member of the Forum shall hold office for a fixed term of three years, from the date of appointment or till he/she attains the age of 65 years or date of superannuation in case of serving officer of the licensee appointed as Second Member, whichever is earlier. The tenure of a member may be extended by the licensee for a further period of two years or till he/she attains the age of 65 years whichever is earlier with prior approval of the Commission. The Members including Chairperson shall not be eligible for re-appointment. The Commission in case of appointment of the Chairperson (First Member) and Independent Member (Third Member) and the Licensee in case of Second Member shall initiate selection process three months before the date of expiry of tenure of present incumbents. In case of unavoidable delay in appointment of Members and Chairperson after expiry of the term of the existing Forum, the existing Forum after completion of its term, may continue to function for a period of maximum three months, or till the new Members and the Chairperson join their duties, whichever is earlier subject to the prior approval of the Commission. The Licensee shall ensure that the working of Forum is not disrupted on account of non-filling up of the posts and the new Forum is made functional within the extended period in any case.
2.7 The licensee shall ensure that no post of a member in the Forum remains vacant for a period exceeding thirty days.
2.8 The minimum age-limit for application for the post of the Chairperson and Independent Member shall be 55 years.
2.9 The members of the Forum shall be persons of experience, ability, integrity and standing.
2.10 All the Members of the Forum shall be whole time members. They shall not undertake any other part time or honorary work.
2.11 No person shall be appointed and/or be entitled to continue as a member if he/she stands disqualified on account of his/ her:
(a) Having been adjudged an insolvent;
(b) Having been convicted of an offence which, in the opinion of the licensee, involves moral turpitude;
(c) Having become physically or mentally incapable of acting as such a member;
(d) Having acquired such financial or other interest as is likely to affect prejudicially his/ her functions as a member;
(e) Having so abused his/ her position as to render his/her continuance in office prejudicial to public interest; or
(f) Having been guilty of proved misbehaviour.
(g) Having become Member of any Political Party.
2.12 An existing member shall be liable to be removed by the licensee from his office forthwith on account of any of the aforesaid disqualifications arising or being discovered.
2.13 The Member including Chairperson may relinquish his/her office by giving prior notice in writing not less than three months to the appointing authority. Similarly, if the Chairperson/Member of the Forum is removed by the licensee, Licensee shall give prior notice in writing not less than three months to the Chairperson/Member of the Forum.
Jurisdiction of the Forum.
Remuneration and other expenses.
2.16 The terms and conditions of service of a member of the Forum who is in the employment of the licensee shall be governed by the terms and conditions of his/her employment with such a licensee. Thus, the Second Member (Technical/ Finance) Member shall continue to draw the same salary as he/ she is entitled to as a regular employee of the licensee.
2.17 The sitting fees, honorarium and/or other allowance (collectively "Remuneration") payable to members of the Forum shall be borne by the licensee.
2.18 The office space, secretarial support, and other facilities required for smooth functioning of the Forum shall be provided by the licensee as per guidelines of the Commission.
2.19 The licensee shall meet all the costs and expenses of the Forum including the cost of establishment and staff required to assist the Forum in the discharge of its functions under these Regulations. The expenditure on the Forum(s) will be considered in the revenue requirement of the licensee and will be allowed as a pass-through expense.
Procedural matters.
2.21 The Chairperson shall have the general powers of superintendence and control over the Forum.
2.22 All decisions of the Forum shall, as far as possible, be unanimous or on the basis of decision taken by the majority of the members present.
2.23 No act or proceeding of the Forum shall be deemed to be invalid by reason of some defect in the constitution of the Forum or by reason of the existence of a vacancy among its members.
2.24 The Forum shall comply with such general directions as the Commission may issue from time to time in the interest of efficient and effective redressal of grievances in a timely and expeditious manner.
2.25 The licensee shall from time to time give due publicity about the Forum and its charter through advertisement in widely circulated local newspapers and in such other manner as it considers appropriate and as the Commission may direct, from time to time. The names of the members of the Forum, their addresses and phone numbers shall be displayed prominently at all the offices of the licensee which has interface with consumers and shall also be duly published on the electricity bills of the consumers.
Preservance of Existing Grievance-Handling Mechanisms.
Licensee's obligations.
2.28 The electricity bills issued by the licensee to the consumers shall contain the address of the concerned Consumer Grievance Redressal Forum and the statement 'Complainants whose grievance is not redressed by the official of the licensee may approach the Consumer Grievance Redressal Forum', shall be printed on the bills.
2.29 The licensee shall make available copies of the procedure for lodging complaints to the complainants free of cost. These forms shall be displayed at all the offices of the licensee and shall also be duly publicised.
Prioritisation of Grievances.
(a) Non-Supply
(b) Connection
(c) Disconnection of supply
(d) Meter-related issues
(e) Billing-related issues
(f) Other issues Provided that it should be ensured that all grievances are disposed of within the time limit specified under these Regulations.
Process for submission of grievance.
2.32 All complaint-receiving centre shall accept the grievances from Complainants falling within the jurisdiction of the Forum. The grievance so received along with other supporting documents shall be forwarded to the relevant Forum within the next working day.
2.33 The grievance shall be submitted as per the format specified in ANNEXURE I of APPENDIX I:
2.34 The Complainant shall be issued acknowledgement of the receipt of grievance by the complaint receiving centre. In case of submission of the grievance in person, the acknowledgement shall be issued immediately. In case of receipt of grievance by post, email or fax, the acknowledgement shall be dispatched latest by the next working day. In case of issuance of acknowledgement by a complaint-receiving centre, the contact details of the relevant Forum shall also be issued along with the acknowledgement.
Limitations/ pre-conditions for submission of grievance.
2.35. The Forum may reject the grievance at any stage under the following circumstances:
(a) In cases where proceedings in respect of the same matter and between the same Complainant and the Licensee are pending before any court, tribunal, 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;
(b) In cases which fall under Sections 126, 127, 135 to 139, 152, and 161 of the Act;
(c) In cases where the grievance has been submitted after two years from the date on which the cause of action has arisen; and
(d) In the case of grievances which are:
(i) frivolous, vexatious, malafide;
(ii) without any sufficient cause; or
(iii) where there is no prima facie loss or damage or inconvenience caused to the Complainant or the consumers who are represented by an association or group of consumers.
Process.
2.37 The respondent party shall furnish paragraph-wise comments to the Forum on the grievance within five days (grievance related to non-supply, connection or disconnection of supply) or 15 days (all other grievances) of the receipt of the grievance copy, failing which the Forum shall proceed on the basis of the material available on record.
2.38 The Forum may call for any record from the respondent party or from the Complainant as is relevant for examination and disposal of the grievance, and both the parties shall be under obligation to provide such information, document or record as the Forum may call for. Where a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference.
2.39 The Forum may also direct the 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. The Forum can also engage a third party (other than the licensee) at the instance and request of the Complainant, to undertake inspection and obtain an independent report. The Forum shall record the reasons for the need for such third-party inspection, which should generally be resorted to rarely and keeping in view the special circumstances of a case. The expenses of such third-party inspection, except expenses of inspection at the request of the Complainant, shall be borne by the licensee, and to the extent reasonable and justifiable, such expenses shall be allowed as pass through expense in the determination of tariff in accordance with the relevant Regulations of the Commission. In case inspection is taken up at the request of the Complainant, the expenses shall be deposited in advance by the complainant, which may or may not be refunded by the Forum depending on whether the grievance is found to be of substance or not.
2.40 The Forum may call the concerned officer of the Licensee for discussion in suitable cases, in order to seek redressal of the grievance filed before it. In case the matter is settled in discussion, it may be recorded as a decision and conveyed to the Complainant and the Licensee by order of the Forum.
2.41 In case the Forum comes to the conclusion that the Complainant and the concerned officer of the Licensee are required to be heard for redressal of the grievance, the Forum shall call the Complainant and the concerned officer with the details of the case and documents, if any, as may be necessary.
2.42 A Complainant, distribution licensee or any other person who is a party to any proceedings before the Forum may either appear in person or authorise any person other than an Advocate (within the meaning of the Advocates Act, 1961) to present his/ her case before the Forum and to do all or any of the acts for the purpose.
2.43 Where the Complainant or the Licensee or their representative fails to appear before the Forum on the date fixed for hearing on more than two occasions, the Forum may decide the grievance ex-parte.
2.44 No adjournment shall ordinarily be granted by the Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum.
2.45 The Forum shall be guided by the principles of natural justice, and subject to the other provisions of these regulations, the Forum shall have powers to regulate its own procedure.
Issue of Order.
2.47 If, after the completion of the proceedings, the Forum is satisfied after voting that any of the allegations contained in the grievance are 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:
(a) Remove the cause of grievance in question;
(b) Return to the Complainant the undue charges paid by the Complainant along with the interest. The interest rate may be fixed as the rate paid by the State Bank of India for a fixed deposit of duration nearest to the period for which the undue charges were withheld by the licensee; and
(c) Any other order deemed appropriate in the facts and circumstances of the case.
2.48 The proceedings and decisions of the Forum shall be recorded and shall be supported by reasons. The order shall be a reasoned order and signed by the members conducting the proceedings. 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 form part of the Order.
2.49 In case of grievances related to non-supply, connection or disconnection of supply, the Forum shall pass the order within 15 days of filing of the grievance and in case of other grievances, the order shall be passed within 45 days of filing of the grievance:
2.50 The order of the Forum shall be communicated to the Complainant and Licensee in writing within three days. A certified copy of every order passed by the Forum shall be delivered to the parties.
2.51 The Licensee shall comply with the order of the Forum within 21 days from the date of receipt of the order. In appropriate cases, considering the nature of the case, the Forum, upon the request of the Licensee, may extend the period for compliance of its order up to a maximum of three months. Noncompliance of the order of the Forum shall be treated as violation of the Regulations of the Commission and accordingly liable for action under Section 142 of the Act.
2.52 The concerned officer of the Licensee shall furnish a compliance report of the order of the Forum within seven days from the date of compliance, to the Forum and to the Complainant. The Forum shall keep a record of the compliance of its orders and review the same every month. In case of non compliance of its orders, the Forum shall take up the matter with the higher authorities of the licensee for compliance. If even after that the order is not complied with, the Forum shall inform the Commission regarding such noncompliance.
Reporting Requirements.
2.54 The quarterly report should be submitted in accordance with the format as specified in ANNEXURE III of APPENDIX I.
2.55 The Forum shall also furnish a yearly report containing a general review of the activities of the Forum during the financial year to the Commission, licensee and Ombudsman. The report should be submitted within 45 days of the close of the financial year to which it relates.
Special provisions: Interim Order, Escalation mechanism.
2.57 A Complainant may prefer a representation before the Ombudsman appointed/designated by the Commission under the following two circumstances:
(a) If the Complainant is aggrieved by the non-redressal of the grievance by the Forum within the period specified, and
(b) If the Complainant is aggrieved with the order passed by the Forum.
2.58 Such a representation may be made within a period of 30 days after grant of order by the Forum or expiration of 30 days after the time limit specified for issuance of the order, whichever is applicable.
2.59 The Forum may settle any grievance in terms of an agreement arrived between the parties at any stage of the proceedings before it and there shall be no right of representation before the Ombudsman against such an order.
2.60 The Commission shall have the general powers of superintendence over the Forum and the Forum shall duly comply with such directions as the Commissions may issue from time to time.
2.61 The Licensee shall have the General administrative and financial control over the Forum and in case of dispute between the Forum and the licensee in the matter of administrative & financial control, the matter shall be referred to the Commission for resolution and the decision of the Commission shall be final and binding on both the parties.
Section 2 • Bihar Electricity Regulatory Commission (Consumer Grievance Redressal Forum, Electricity Ombudsman and Consumer Advocacy) Regulations, 2017
2. Consumer Grievance Redressal Forum.
bihar-electricity-regulatory-commission-consumer-grievance-redressal-forum-electricity-ombudsman-and-consumer-advocacy-regulations-2017-sec-2.json
•
Section 2
{
"act_title": "Bihar Electricity Regulatory Commission (Consumer Grievance Redressal Forum, Electricity Ombudsman and Consumer Advocacy) Regulations, 2017",
"act_slug": "bihar-electricity-regulatory-commission-consumer-grievance-redressal-forum-electricity-ombudsman-and-consumer-advocacy-regulations-2017",
"section_label": "Section",
"section": {
"number": "2",
"title": "2. Consumer Grievance Redressal Forum.",
"chapter": null,
"content": "Constitution of the Forum.\n2.2 The number of Forums, their locations and areas of jurisdiction may be decided by the licensee. However, the licensee should make an endeavour to establish at least one Forum in each Supply Circle.\n2.3 The Forum shall have sittings at the headquarters and/or at any other place in the licensee's area as may be decided by the Chairperson depending upon the number of grievances and area of operation.\n2.4 The Forum shall consist of three Members including Chairperson.\n(a)(i) The First Member shall be the Chairperson of the forum. The First Member (Chairperson) should be a retired Judicial Officer not below the rank of Additional District and Session Judge or a retired officer of Bihar Administrative Service not below the rank of Additional District Magistrate/Additional Collector or equivalent post with minimum 20 year experience. Preference shall be given to the officer having experience of Judicial/Quasi Judicial work and has shown capacity in dealing with problems relating to Electricity Regulatory matters and familiar with the consumers affairs service.\n(ii) The Second Member shall be appointed by the licensee from amongst the serving officers in grade not below the rank of Executive Engineer or equivalent having total experience of 8 years out of which at least three years experience in Accounting and/or Revenue and/or Commercial matters.\n(iii) The Third Member shall be Independent Member: The person shall be a representative of a registered society/NGO/consumer organization having one of its main objectives as consumer protection with at least 5 years of standing or alternatively the representing member should have five years of experience in consumer-related matters.\n(iv) The Chairperson (First Member) and the Independent Member (Third Member) shall be selected through proper advertisement in Press and on the Website & Notice Board of the Commission and the licensee.\n(v) The Chairperson (First Member) of the Forum shall be nominated by the Commission and appointed by the licensee and the Independent Member (Third Member) shall be appointed by the Commission. The process of the appointment of the Chairperson (First Member) and the Independent Member (Third Member) of the Forum shall be initiated by the Commission.\n2.5 The Distribution Licensee shall propose to the Commission a panel of names of at least three officers for each post of the Second Member of the Forum. Details of qualification, experience and background relating to ability, integrity and standing shall be submitted in respect of each officer. The Commission shall consider the names proposed by the licensee and after its approval, the licensee shall appoint the Second Member.\n2.6 Every member of the Forum shall hold office for a fixed term of three years, from the date of appointment or till he/she attains the age of 65 years or date of superannuation in case of serving officer of the licensee appointed as Second Member, whichever is earlier. The tenure of a member may be extended by the licensee for a further period of two years or till he/she attains the age of 65 years whichever is earlier with prior approval of the Commission. The Members including Chairperson shall not be eligible for re-appointment. The Commission in case of appointment of the Chairperson (First Member) and Independent Member (Third Member) and the Licensee in case of Second Member shall initiate selection process three months before the date of expiry of tenure of present incumbents. In case of unavoidable delay in appointment of Members and Chairperson after expiry of the term of the existing Forum, the existing Forum after completion of its term, may continue to function for a period of maximum three months, or till the new Members and the Chairperson join their duties, whichever is earlier subject to the prior approval of the Commission. The Licensee shall ensure that the working of Forum is not disrupted on account of non-filling up of the posts and the new Forum is made functional within the extended period in any case.\n2.7 The licensee shall ensure that no post of a member in the Forum remains vacant for a period exceeding thirty days.\n2.8 The minimum age-limit for application for the post of the Chairperson and Independent Member shall be 55 years.\n2.9 The members of the Forum shall be persons of experience, ability, integrity and standing.\n2.10 All the Members of the Forum shall be whole time members. They shall not undertake any other part time or honorary work.\n2.11 No person shall be appointed and/or be entitled to continue as a member if he/she stands disqualified on account of his/ her:\n(a) Having been adjudged an insolvent;\n(b) Having been convicted of an offence which, in the opinion of the licensee, involves moral turpitude;\n(c) Having become physically or mentally incapable of acting as such a member;\n(d) Having acquired such financial or other interest as is likely to affect prejudicially his/ her functions as a member;\n(e) Having so abused his/ her position as to render his/her continuance in office prejudicial to public interest; or\n(f) Having been guilty of proved misbehaviour.\n(g) Having become Member of any Political Party.\n2.12 An existing member shall be liable to be removed by the licensee from his office forthwith on account of any of the aforesaid disqualifications arising or being discovered.\n2.13 The Member including Chairperson may relinquish his/her office by giving prior notice in writing not less than three months to the appointing authority. Similarly, if the Chairperson/Member of the Forum is removed by the licensee, Licensee shall give prior notice in writing not less than three months to the Chairperson/Member of the Forum.\nJurisdiction of the Forum.\nRemuneration and other expenses.\n2.16 The terms and conditions of service of a member of the Forum who is in the employment of the licensee shall be governed by the terms and conditions of his/her employment with such a licensee. Thus, the Second Member (Technical/ Finance) Member shall continue to draw the same salary as he/ she is entitled to as a regular employee of the licensee.\n2.17 The sitting fees, honorarium and/or other allowance (collectively \"Remuneration\") payable to members of the Forum shall be borne by the licensee.\n2.18 The office space, secretarial support, and other facilities required for smooth functioning of the Forum shall be provided by the licensee as per guidelines of the Commission.\n2.19 The licensee shall meet all the costs and expenses of the Forum including the cost of establishment and staff required to assist the Forum in the discharge of its functions under these Regulations. The expenditure on the Forum(s) will be considered in the revenue requirement of the licensee and will be allowed as a pass-through expense.\nProcedural matters.\n2.21 The Chairperson shall have the general powers of superintendence and control over the Forum.\n2.22 All decisions of the Forum shall, as far as possible, be unanimous or on the basis of decision taken by the majority of the members present.\n2.23 No act or proceeding of the Forum shall be deemed to be invalid by reason of some defect in the constitution of the Forum or by reason of the existence of a vacancy among its members.\n2.24 The Forum shall comply with such general directions as the Commission may issue from time to time in the interest of efficient and effective redressal of grievances in a timely and expeditious manner.\n2.25 The licensee shall from time to time give due publicity about the Forum and its charter through advertisement in widely circulated local newspapers and in such other manner as it considers appropriate and as the Commission may direct, from time to time. The names of the members of the Forum, their addresses and phone numbers shall be displayed prominently at all the offices of the licensee which has interface with consumers and shall also be duly published on the electricity bills of the consumers.\nPreservance of Existing Grievance-Handling Mechanisms.\nLicensee's obligations.\n2.28 The electricity bills issued by the licensee to the consumers shall contain the address of the concerned Consumer Grievance Redressal Forum and the statement 'Complainants whose grievance is not redressed by the official of the licensee may approach the Consumer Grievance Redressal Forum', shall be printed on the bills.\n2.29 The licensee shall make available copies of the procedure for lodging complaints to the complainants free of cost. These forms shall be displayed at all the offices of the licensee and shall also be duly publicised.\nPrioritisation of Grievances.\n(a) Non-Supply\n(b) Connection\n(c) Disconnection of supply\n(d) Meter-related issues\n(e) Billing-related issues\n(f) Other issues Provided that it should be ensured that all grievances are disposed of within the time limit specified under these Regulations.\nProcess for submission of grievance.\n2.32 All complaint-receiving centre shall accept the grievances from Complainants falling within the jurisdiction of the Forum. The grievance so received along with other supporting documents shall be forwarded to the relevant Forum within the next working day.\n2.33 The grievance shall be submitted as per the format specified in ANNEXURE I of APPENDIX I:\n2.34 The Complainant shall be issued acknowledgement of the receipt of grievance by the complaint receiving centre. In case of submission of the grievance in person, the acknowledgement shall be issued immediately. In case of receipt of grievance by post, email or fax, the acknowledgement shall be dispatched latest by the next working day. In case of issuance of acknowledgement by a complaint-receiving centre, the contact details of the relevant Forum shall also be issued along with the acknowledgement.\nLimitations/ pre-conditions for submission of grievance.\n2.35. The Forum may reject the grievance at any stage under the following circumstances:\n(a) In cases where proceedings in respect of the same matter and between the same Complainant and the Licensee are pending before any court, tribunal, 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;\n(b) In cases which fall under Sections 126, 127, 135 to 139, 152, and 161 of the Act;\n(c) In cases where the grievance has been submitted after two years from the date on which the cause of action has arisen; and\n(d) In the case of grievances which are:\n(i) frivolous, vexatious, malafide;\n(ii) without any sufficient cause; or\n(iii) where there is no prima facie loss or damage or inconvenience caused to the Complainant or the consumers who are represented by an association or group of consumers.\nProcess.\n2.37 The respondent party shall furnish paragraph-wise comments to the Forum on the grievance within five days (grievance related to non-supply, connection or disconnection of supply) or 15 days (all other grievances) of the receipt of the grievance copy, failing which the Forum shall proceed on the basis of the material available on record.\n2.38 The Forum may call for any record from the respondent party or from the Complainant as is relevant for examination and disposal of the grievance, and both the parties shall be under obligation to provide such information, document or record as the Forum may call for. Where a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference.\n2.39 The Forum may also direct the 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. The Forum can also engage a third party (other than the licensee) at the instance and request of the Complainant, to undertake inspection and obtain an independent report. The Forum shall record the reasons for the need for such third-party inspection, which should generally be resorted to rarely and keeping in view the special circumstances of a case. The expenses of such third-party inspection, except expenses of inspection at the request of the Complainant, shall be borne by the licensee, and to the extent reasonable and justifiable, such expenses shall be allowed as pass through expense in the determination of tariff in accordance with the relevant Regulations of the Commission. In case inspection is taken up at the request of the Complainant, the expenses shall be deposited in advance by the complainant, which may or may not be refunded by the Forum depending on whether the grievance is found to be of substance or not.\n2.40 The Forum may call the concerned officer of the Licensee for discussion in suitable cases, in order to seek redressal of the grievance filed before it. In case the matter is settled in discussion, it may be recorded as a decision and conveyed to the Complainant and the Licensee by order of the Forum.\n2.41 In case the Forum comes to the conclusion that the Complainant and the concerned officer of the Licensee are required to be heard for redressal of the grievance, the Forum shall call the Complainant and the concerned officer with the details of the case and documents, if any, as may be necessary.\n2.42 A Complainant, distribution licensee or any other person who is a party to any proceedings before the Forum may either appear in person or authorise any person other than an Advocate (within the meaning of the Advocates Act, 1961) to present his/ her case before the Forum and to do all or any of the acts for the purpose.\n2.43 Where the Complainant or the Licensee or their representative fails to appear before the Forum on the date fixed for hearing on more than two occasions, the Forum may decide the grievance ex-parte.\n2.44 No adjournment shall ordinarily be granted by the Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum.\n2.45 The Forum shall be guided by the principles of natural justice, and subject to the other provisions of these regulations, the Forum shall have powers to regulate its own procedure.\nIssue of Order.\n2.47 If, after the completion of the proceedings, the Forum is satisfied after voting that any of the allegations contained in the grievance are 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:\n(a) Remove the cause of grievance in question;\n(b) Return to the Complainant the undue charges paid by the Complainant along with the interest. The interest rate may be fixed as the rate paid by the State Bank of India for a fixed deposit of duration nearest to the period for which the undue charges were withheld by the licensee; and\n(c) Any other order deemed appropriate in the facts and circumstances of the case.\n2.48 The proceedings and decisions of the Forum shall be recorded and shall be supported by reasons. The order shall be a reasoned order and signed by the members conducting the proceedings. 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 form part of the Order.\n2.49 In case of grievances related to non-supply, connection or disconnection of supply, the Forum shall pass the order within 15 days of filing of the grievance and in case of other grievances, the order shall be passed within 45 days of filing of the grievance:\n2.50 The order of the Forum shall be communicated to the Complainant and Licensee in writing within three days. A certified copy of every order passed by the Forum shall be delivered to the parties.\n2.51 The Licensee shall comply with the order of the Forum within 21 days from the date of receipt of the order. In appropriate cases, considering the nature of the case, the Forum, upon the request of the Licensee, may extend the period for compliance of its order up to a maximum of three months. Noncompliance of the order of the Forum shall be treated as violation of the Regulations of the Commission and accordingly liable for action under Section 142 of the Act.\n2.52 The concerned officer of the Licensee shall furnish a compliance report of the order of the Forum within seven days from the date of compliance, to the Forum and to the Complainant. The Forum shall keep a record of the compliance of its orders and review the same every month. In case of non compliance of its orders, the Forum shall take up the matter with the higher authorities of the licensee for compliance. If even after that the order is not complied with, the Forum shall inform the Commission regarding such noncompliance.\nReporting Requirements.\n2.54 The quarterly report should be submitted in accordance with the format as specified in ANNEXURE III of APPENDIX I.\n2.55 The Forum shall also furnish a yearly report containing a general review of the activities of the Forum during the financial year to the Commission, licensee and Ombudsman. The report should be submitted within 45 days of the close of the financial year to which it relates.\nSpecial provisions: Interim Order, Escalation mechanism.\n2.57 A Complainant may prefer a representation before the Ombudsman appointed/designated by the Commission under the following two circumstances:\n(a) If the Complainant is aggrieved by the non-redressal of the grievance by the Forum within the period specified, and\n(b) If the Complainant is aggrieved with the order passed by the Forum.\n2.58 Such a representation may be made within a period of 30 days after grant of order by the Forum or expiration of 30 days after the time limit specified for issuance of the order, whichever is applicable.\n2.59 The Forum may settle any grievance in terms of an agreement arrived between the parties at any stage of the proceedings before it and there shall be no right of representation before the Ombudsman against such an order.\n2.60 The Commission shall have the general powers of superintendence over the Forum and the Forum shall duly comply with such directions as the Commissions may issue from time to time.\n2.61 The Licensee shall have the General administrative and financial control over the Forum and in case of dispute between the Forum and the licensee in the matter of administrative & financial control, the matter shall be referred to the Commission for resolution and the decision of the Commission shall be final and binding on both the parties.",
"footnote": "",
"is_definition": false,
"sort_order": 1
},
"prev_section": "1",
"next_section": "3"
}