Ombudsman more details
|In accordance with Section 42 (6)read with Section 181 of the Electricity Act, 2003 (36 of 2006) the Joint Electricity Regulatory Commission has made the regulations for the appointment of Ombudsman|
Any consumer of electricity aggrieved by non-redressal of his/her grievance or complaint under the Consumer Grievances Redressal Forum (CGRF) has the option to make an appeal for redressal of grievance/dispute to the Electricity Ombudsman.
The Ombudsman is entrusted with a task of settling the grievances of consumers as per the provisions of "Joint Electricity Regulatory Commission (Appointment and functining of Ombudsman) Regulations, 2009. A brief on the role of Electricity Ombudsman for Joint Electricity Regulatory Commission, its office address and contact details, and the procedure for submission of appeal/representation to Ombudsman including a prescribed form for submitting representation or appeal are given below.
ROLE OF ELECTRICITY OMBUDSMAN
Electricity Ombudsman for Joint Electricity Regulatory Commission is a statutory authority appointed and designated by Joint Electricity Regulatory Commission for the State of Goa and UTs.
Any person affected by deficiency in electricity related service can approach the ombudsman for redressal of disputes/grievances.
Before approaching the ombudsman, the consumer has to ensure that other remedies available are exhausted.
Any consumer aggrieved by non-redressal of his grievance under Consumer Grievance Redressal Form (CGRF) has the option to make a representation or appeal for redressal of his/her grievance or dispute to the Ombudsman. In other works, the Electricity Ombudsman is an appellate authority.
Ombudsman for Joint Electricity Regulatory Commission has been appointed by Joint Electricity Regulatory Commission for the State of Goa and UTs. Shri V.K. Khanna is functioning as Electricity Ombudsman for Joint Electricity Regulatory Commission for the State of Goa and UTs. His office is located at: “Vanijya Nikunj”, (HSIIDC office complex), 2nd floor, Udyog Vihar-V, Gurgaon-122 016. (Phone No. +91-124-2340954, Mobile No. +91-9811163943).
The Ombudsman has been entrusted with the task of settling the grievances or disputes of consumer as per the provisions of Joint Electricity Regulatory Commission (Appointment and Functioning of Ombudsman) Regulations, 2009.
Ombudsman, in the first instance, shall endeavour to settle the dispute by agreement between the parties and pass an award giving reasons for the decision made.
Failing settlement through agreement, Ombudsman shall decide the matter in the dispute on the pleadings by the parties concerned i.e., the consumer and the licensee company.
Reasonable opportunity of being heard shall be provided to them.
An award shall then be passed in writing which is binding on both the parties.
Non-compliance of Ombudsman’s order constitutes violation of notified regulations under the law and attracts remedial action in terms of the relevant provision of the Act.
Remedial action includes punishment-penalty on the licensee company.
|PROCEDURE FOR SUBMITTING REPRESENTATION TO OMBUDSMAN|
|To download the prescribed form, click the following link:|
Representation to the Ombudsman is required to be submitted in the prescribed Form (as specified) or on a plain paper.
Either way, the representation should contain the following documents:- (i) Statement of facts of narration of the case (ii) Copy of the petition submitted to CGRF with all documents (iii) Copy of the order of CGRF
The relief sought for should be clear and specific
The address should be clear and complete with Pin Code. It is advisable to give the phone number of the complainant.
The declaration given in the representation shall need to be signed by the complainant.
Stamp paper or revenue/judicial stamps are not necessary. No fee is required to be paid.
The nature of relief sought be clearly stated and copies of all relevant documents should be attached.
The representation to the ombudsman shall be considered only if the Petitioner had submitted a complaint to the CGRF and remedy is exhausted.
The appeal shall not be admitted unless the Petitioner is aggrieved on account of his complaint being not redressed to his satisfaction by CGRF within the period and manner specified in the Regulations.
The appeal against the order of CGRF shall be made by the Petitioner within 30 days from the date of the receipt of the decision of CGRF or within 30 days from the date of expiry of the period within which the CGRF should have taken decision and communicated to the complainant. (period allowed to CGRF is 45 days from the date of receipt of the complaint).
The appeal shall not be in respect of the same subject matter of dispute that has been settled by the Ombudsman in the past.
The representation shall not be admitted by the Ombudsman if the same grievance by the complainant 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.
On receipt and admission of the representation, the Ombudsman shall call for remarks/counter-statement of the licensee company on the matter.
The licensee company shall furnish para-wise comments on the grievance within the period as may be specified by the Ombudsman, failing which the Ombudsman may proceed on the basis of material available on record.
Ombudsman’s attempt in the first instance shall be to promote a settlement of the complaint or the dispute by mutual agreement between the complainant and the licensee through conciliation or mediation.
In case the representation is not settled by agreement within 30 days from its receipt or such other extended period which the Ombudsman may deem fit (considering the overall time period of three months from the date of receipt of the representation of appeal within which he is required to settle finally the grievance or dispute), the Ombudsman shall conduct hearing on the matter.
The Ombudsman shall then notify in writing the parties about the date, time and venue of the hearing, giving sufficient advance notice.
The consumer shall not necessarily engage Advocates to argue the case. The consumer can himself appear or nominate any person to present his case.
In case anybody is engaged for presenting the case, the nomination form should be filled up and submitted along with the representation.
The Ombudsman shall be guided by the factors which are necessary in the interest of justice and shall adopt procedures ensuring transparency. While exercising its powers and discharging its functions he shall follow the rules of natural justice and dispose off the representation and settle the dispute fairly and equitably.
The Ombudsman shall pass speaking order with detail reasoning on each of the matter of the dispute which he thinks fair under the fact and circumstances of the case. The award shall contain in brief (1) the facts and circumstances of the complaint; (2) the pleading of the parties; (3) the reasoning leading to the award as arrived at; (4) the relief including monetary compensation, if any, the complainant is entitled to; and (5) the directions if any to the licensee or to the complainant or any other person.
The order in writing shall state the full details of the award to the complainant and the licensee.
A copy of the award shall be sent to both the complainant and licensee named in the representation.
The complainant may furnish to the licensee within a period of one month from the receipt of the award, a letter of acceptance that the award is in full and final settlement of his claim.
The distribution licensee shall comply with the order of the Ombudsman within 15 days of receipt of the acceptance letter (as stated above) and shall intimate the compliance to the Ombudsman.
Non-compliance shall constitute violation of the notified regulations and may attract remedial action by Joint Electricity Regulatory Commission under Sections 142 and 146 read with Section 149 or the Act.
In case the complainant does not intimate the acceptance as mentioned in the proceeding paragraphs, the award may not be required to be implemented by the licensee.
Nothing contained in the procedures outlined above shall affect the rights and privileges of the consumer under any other law for the time being enforce, including the Consumer Protection Act, 1986 (68 of 1986).
Nothing in these regulations shall be deemed to limit or otherwise affect the powers of Joint Electricity Regulatory Commission to make such orders or to issue directions, not inconsistent with the provisions of the Act, as may be considered necessary to meet the ends of justice.
The aggrieved consumer and the distribution licensee shall be entitled to obtain certified copies of the orders, decisions, directions, the award and the reasons in support thereof given by the Ombudsman.
Any person shall be entitled to a copy of the documents or orders of the Ombudsman subject to payment of fee and complying with other terms, which the Ombudsman may direct.