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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)

 

(Consumer’s 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 Forum’s 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)
(Consumer’s 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)