The B

PUBLI

(NO.PATNA 993) PA

Bihar El

No. BERC SMP No

it by sub-sections (r) and

section 42 of the Electr

enabling it in this behalf,

makes the following Reg

Forum, Electricity Ombu

shall supersede the earlie

notification No. 192 dated

May, 2006.

1. SHORT

TIT

INTERPRETATI

Short Title an

1.1 These Re

Regulatory

Electricity

2017.

1.2 These Re

licensees

areas.

1.3 These Reg

notificatio

1.4 These Re

standards

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

1 KARTIKA 1939(S)

ATNA, MONDAY, 23^RD OCTOBER

ectricity Regulatory Commission

————

NOTIFICATION

The 9^th October 2017

o-36/2016–05— In exercise of the powers c

d (s) of Section 181 read with sub-section

ricity Act, 2003 (36 of 2003) and all ot

, the Bihar Electricity Regulatory Commis

gulations related to Consumer Grievance

udsman and Consumer Advocacy. These

er Regulations on the subject notified by

d 20.05.2006 and published in Bihar Gaze

TLE,

COMMENCEMENT,

DEFINITIO

IONS

d Commencement

egulations may be called the Bihar

y Commission (Consumer Grievance Redre

y Ombudsman and Consumer Advocacy) R

egulations shall be applicable to all

in the "State of Bihar" in their respect

gulations shall come into force from the d

n in the Official Gazette.

egulations shall be construed harmonious

s of performance of the distribution licens

NO. PT.-40

tetetete

R 2017

conferred on

ns (5) to (7)

ther powers

ssion hereby

e Redressal

Regulations

y BERC vide

ette on 22^nd

ONS

AND

Electricity

essal Forum,

Regulations,

distribution

ive licensed

date of their

sly with the

ees and the

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

Electricity Supply Code specified by the Commission under the

provisions of Clauses (x) and (za) of sub-section (2) of Section

181 of the Act. In case of any inconsistency with these

Regulations, the standards of performance of the distribution

licensees and the Electricity Supply Code shall prevail.

Definitions

1.5 In these regulations, unless the context otherwise requires,

(a) 'Act' means the Electricity Act, 2003 (36 of 2003) and its

amendments;

(b) 'Area of supply' means the area within which a distribution

licensee is authorized by his/her/their licence to supply

electricity;

Member of the Forum;

(d) 'Commission' means the Bihar Electricity Regulatory

Commission;

(e) 'Complainant' means-

(i)

a consumer of electricity supplied by the licensee

including applicants for new connections;

(ii) any voluntary consumer association registered under

the Companies Act, 1956 (1 of 1956) or under any

other law for the time being in force;

(iii) The Central Government or the State Government –

who or which makes the complaint;

(iv) one or more consumers, where there are numerous

consumers having the same interest;

(v) in case of death of a consumer, his legal heirs or

representatives.

(f) 'Complaint' means any grievance made by a complainant in

writing on: -

(i)

defect or deficiency in electricity supply or service

provided by the licensee;

(ii)

unfair or restrictive trade practices of licensee in

providing electricity services;

(iii) charging of a price in excess of the price fixed by the

Commission for supply of electricity and allied

services;

(iv) errors in billing;

(v)

erroneous disconnection of supply;

(vi) electricity services which are unsafe or hazardous to

public life in contravention of the provisions of any law

or rule in force; or

(vii) any other grievance connected with the supply of

electricity by the licensee to the consumers except

grievances arising under Sections 126, 135 to 139,

143, 152 and 161 of the Act. :

(g) 'Consumer' means consumer as defined in Section 2(15) of

the Electricity Act, 2003;]

(h) Defect or 'Deficiency' means any fault, imperfection,

shortcoming or inadequacy in the quality, nature and

manner of performance, which is required to be maintained

under any law for the time being in force or has been

undertaken to be performed by distribution licensee in

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

pursuance of a contract agreement or otherwise in relation

to electricity service or performance standard, violations of

Electricity Supply Code, contraventions of Act, rules or

regulations made there under with regard to consumer

interest;

(i) 'Distribution system' means the system of wires and

associated facilities between the delivery points on the

transmission lines or the generating station terminal in the

absence of transmission lines and the point of connection

to the installation of the consumers;

(j) 'Electricity 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.

(k) 'Electricity Service' means in particular and without

prejudice to the generality of the term, electricity supply,

metering, billing, maintenance

of supply, maintenance of

distribution system and all other attendant

sub service,

etc;

(l) 'Forum' means 'Forum for redressal of grievances of

consumers' to be constituted by the distribution licensee in

terms of sub-section (5) of Section 42 of the Act and these

Regulations.

(m) ‘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 standards of performance of distribution

licensees as specified by the Commission and includes

billing disputes of any nature and matters related to safety

of the distribution system having potential of endangering

of life or property.

(n) 'Licensee' means a distribution licensee authorized to

operate and maintain a distribution system for supplying

electricity to the consumers in his area of supply and shall

include the deemed distribution licensee under the

provisions to Section 42 of the Act.

(o) ‘Representation’ means the representation made to the

Ombudsman by the complainant in person or on behalf of

such a complainant who is aggrieved by the outcome of the

Forum’s proceedings in respect of his/her grievance

(including not issuing the order within the specified time

limit, dissatisfaction with the order issued, partial or full

dismissal of the grievance)

1.6

Words and expressions used and not specifically defined in

these Regulations but defined in the Electricity Act, 2003 shall

have the meaning assigned to them in the Act. The other words

and expressions used herein but not defined in these

Regulations or in the Act but defined under any law passed by

the Parliament applicable to electricity industry in the State

shall have the meaning assigned to them in such law.

⁴

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

2. CONSUMER GRIEVANCE REDRESSAL FORUM

Constitution of the Forum

2.1 In terms of subsection (5) of Section 42 of the Act, every distribution

licensee shall, within six months, from the Appointed Date or date of grant of

distribution license or date of formation of distribution licensee pursuant to a

transfer scheme for re-organisation of a state electricity board, whichever is

applicable, establish one or more Forum(s) to be designated as Electricity

Consumer Grievance Redressal Forum for redressal of grievances of

Complainants in accordance with these regulations.

2.2 The number of Forums, their locations and areas of jurisdiction may

be decided by the licensee. However, the licensee should make an endeavor 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

Additional

District

Magistrate/Additional

Collector

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.

Provided that, a person applying for the post of Independent

Member of the Forum shall not have been in the employment in

any capacity under, or agency of, the Distribution Licensee for a

minimum period of three (3) years prior to being appointed

Independent Member of the Forum.

(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.

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

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.

Provided that when the Chairperson is unable to function due to ailment

or any other reason the Second Member shall discharge the functions of the

Chairperson in his absence.

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;

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 misbehavior.

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.

Provided that no member shall be removed from his/her office by the

licensee on any ground specified in the aforesaid sub-clauses unless the

⁶

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

licensee has, on an inquiry concluded that the person ought, on such ground or

grounds; be removed.

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

2.14 Subject to the other provisions of these Regulations, the Forum

shall have jurisdiction to entertain the complaints within the entire area of the

distribution licensee. If there is more than one Forum in the same licensee area,

then the area of jurisdiction may be decided by the licensee in accordance with

Regulation 2(2).

Remuneration and other expenses

2.15 The sitting fees, honorarium and/or other allowances (collectively

“Remuneration”) payable to the Chairperson shall be decided by the licensee

with the approval of the Commission. The remuneration for the Independent

Member shall be decided by the Commission.

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

2.20 The quorum for any meeting or proceedings of the Forum shall

normally be two, and each member shall have one vote. However, In case of non

appointment/vacancy of members, the quorum of meeting shall be one. In case

of equality of votes on any issue, the Chairperson, or in his absence the person

presiding, shall have the second or casting vote.

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

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

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

2.26 For expeditious resolution of the complaints of a Complainant, any

mechanism existing within the licensee, other than the Forum established

under these Regulations, may be retained. The creation of the Forum shall not

debar a Complainant from settling his/ her complaints through such internal

mechanisms.

Provided that the Complainant shall have the right to approach the

Forum directly in respect of matters falling under the jurisdiction of the Forum.

Licensee's obligations

2.27 The licensee shall give wide publicity of the existence of the Forum.

The names of the Forum Members, its officials, their address, telephone and

facsimile numbers, email address, etc. of the Forum shall be displayed at all the

offices of the licensee and shall also be duly publicized, including in the

electricity bills raised on the consumers.

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 publicized.

Prioritization of Grievances

2.30 As far as is possible and practical, the grievances shall be

prioritized for redressal based on the following priority order:

Non-Supply

Connection

Disconnection of supply

Meter-related issues

Billing-related issues

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

2.31 The Complainant can submit his/ her grievance to the appropriate

Forum under whose jurisdiction his/ her connection exists or a connection has

been applied for. The Complainant can also submit his/ her grievance at the

nearest complaint-receiving centre, already established by the licensee. The

grievance may be submitted either in person or through post, email or fax.

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:

Provided that the Forum shall take cognizance of any grievance

submitted based on the merit of the case and will not reject any grievance for

the sole reason of it not having been submitted in the format specified.

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BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

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 acknowledgment 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

acknowledgment 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:

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;

In cases which fall under Sections 126, 127, 135 to 139, 152, and

161 of the Act;

In cases where the grievance has been submitted after two years

from the date on which the cause of action has arisen; and

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.

Provided that no grievance shall be rejected unless the Complainant has

been given an opportunity of being heard.

Process

2.36 The Forum shall forward a copy of the grievance to the concerned

officer of the licensee or the employee/ employees/department named in the

grievance (“respondent party”).

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,

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

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

2.46 On receipt of the comments from the Licensee or otherwise and

after conducting or having such inquiry or local inspection conducted as the

Forum may consider necessary, and after affording reasonable opportunity of

being heard to the parties, the Forum shall take a decision by a majority of

votes of the members of the Forum present and in the event of equality of votes,

the chairperson, or in his absence the person presiding, shall have a second or

casting vote.

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

Any

other

order

deemed

appropriate

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

¹⁰

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

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:

Provided also that in the event of grievance being disposed of after the

maximum period specified above, the Forum should record in writing, the

reasons for the same at the time of disposing the said grievance and inform the

Ombudsman.

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. Non-

compliance 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 non-

compliance.

Reporting Requirements

2.53 The Forum shall submit a quarterly report on disposal of

grievances to the Commission, licensee and Ombudsman. The report should be

submitted within 15 days of the close of the quarter to which it relates.

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

2.56 Upon request of the Complainant, the Forum may issue such

interim orders pending final disposal of the grievance as it may consider

necessary.

Provided that the Forum shall have the powers to pass such an interim

order in any proceeding, hearing or matter before it, as it may consider

appropriate if the Complainant satisfies the Forum that prima facie, the

Distribution Licensee has threatened or is likely to remove or disconnect the

electricity connection, and has or is likely to contravene any of the provisions of

the Act or any rules and regulations made hereunder or any order of the

Commission, provided that the Forum has jurisdiction on such matters.

Provided further that, except where it appears that the object of passing

the interim order would be defeated by delay, no such interim order shall be

passed unless the opposite party has been given an opportunity of being heard.

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

2.57 A Complainant may prefer a representation before the Ombudsman

appointed/designated

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 incase 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.

3. ELECTRICITY OMBUDSMAN

Qualification, terms of appointment and removal of Electricity

Ombudsman

3.1. In accordance with sub-section(6) of Section 42 of the Act, the

Commission may, from time to time, appoint or designate a person as the

Ombudsman to discharge the functions in accordance with sub-section(7) of

Section 42 of the Act.

3.2. The Commission may appoint or designate more than one

Ombudsman for a licensee or a common Ombudsman or Ombudsmen for two

or more licensees considering factors such as the number of representations

received, disposal of representations within the specified time limit, ease of

access for the consumer and the geographical area.

3.3. The

Commission

shall

invite

applications

through

public

advertisement for the appointment of the Ombudsman. The Commission shall

also form a Search Committee for recommending names for the appointment of

the Ombudsman by the Commission.

3.4. The Ombudsman shall be a person of experience, ability, integrity

and standing.

3.5. The following categories of persons shall be eligible to be appointed

as Ombudsman:

a) Retired District Judges

b) Retired Secretaries to State Governments

c) Any person who has held the position of a member or chairperson

of any statutory quasi-judicial body at the state level for at least

three years

d) Any other person of equivalent level

3.6. The Ombudsman 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

whichever is earlier. The tenure may be extended for a further period not

exceeding two years, or till he/she attains the age of 65 years, which is earlier.

¹²

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

3.7. The minimum age-limit for application for the post of Ombudsman

shall be 60 years.

Disqualification and Removal of Ombudsman

3.8. No person shall be appointed and/or be entitled to continue as an

Ombudsman if he/ she stands disqualified on account of his/her

Having been adjudged an insolvent;

Having been convicted of an offence which, in the opinion of the

Commission, involves moral turpitude;

Having become physically or mentally incapable of acting as an

Ombudsman;

Having acquired such financial or other interest as is likely to

affect prejudicially his/ her functions as an Ombudsman;

Having so abused his/ her position as to render his/ her

continuance in office prejudicial to public interest; or

Having been guilty of proven misbehavior

Having become member of any political party.

3.9. An existing Ombudsman shall be removed by the Commission from

his office forthwith on account on any of the aforesaid disqualifications arising

or being discovered.

Provided that the Ombudsman shall not be removed from his/ her office

on any ground specified in the aforesaid sub-clauses unless the Commission

has, on an inquiry, concluded that the person ought, on such ground or

grounds, be removed.

3.10. The Ombudsman may relinquish his/her office by giving prior

notice in writing not less than three months to the Commission. Similarly, if the

Ombudsman is removed by the Commission, the Commission shall give prior

notice in writing not less than three months to the Ombudsman.

Office of the Electricity Ombudsman

3.11. The Ombudsman’s office/offices shall be preferably located in the

capital city of the state or any district headquarters as the case may be.

However, the Ombudsman may hold hearings or proceedings at various places

within the state in order to expedite the disposal of representations received

before him/her.

3.12. The post of Ombudsman shall be a full-time post. He shall not

undertake any other part time or honorary work.

Remuneration

3.13 The Electricity Ombudsman shall be paid a consolidated/salary

and such other allowances as determined by the Commission, by order, from

time to time.

3.14. The Commission shall provide the Ombudsman with a Secretariat.

The staff strength of the said Secretariat and terms and conditions of

appointment of the staff shall be determined by the Commission from time to

time.

3.15. All expenses of the Ombudsman’s office including that of the

Secretariat shall be borne by the Commission.

3.16. The name, location, email address and telephone numbers of the

Ombudsmen shall be widely publicised through newspapers, and displayed on

the websites and the offices of the licensees and the Commission and intimated

to consumers through electricity bills. They may also be publicised through

radio and television.

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

Pre-conditions/ Limitations for entertaining representation

3.17. The representation may be entertained by the Ombudsman only if

all of the following conditions are satisfied:

It has been filed by the Complainant being the aggrieved consumer

or the association representing the consumer's. For avoidance of

doubt, a licensee is not allowed to file a representation before the

Ombudsman against the order of the Forum

The Complainant had, before making a representation to the

Ombudsman, approached the Forum constituted under Section

42(5) of the Electricity Act, 2003 for redressal of his/ her grievance

The representation by the Complainant, in respect of the same

grievance, is not pending in any proceedings before any court,

tribunal or arbitrator or any other authority; a decree or award or

a final order has not been passed by any such court, tribunal,

arbitrator or authority.

The representation is not in respect of the same cause of action

which was settled or dealt with on merits by the Ombudsman in

any previous proceedings whether or not received from the same

complainant or along with one or more complainants or one or

more of the parties concerned with the cause of action.

The Complainant is not satisfied with the redressal of his/ her

grievance by the Forum or the Forum has rejected the grievance or

has not passed the order within the time-limit specified.

The Complainant has filed the representation before the

Ombudsman within 30 days from the date of receipt of the

decision of the Forum or date of expiry of the period within which

the Forum was required to take the decision, whichever is earlier

Provided that the Ombudsman may entertain a representation

after the expiry of the said period of thirty days if the Ombudsman

is satisfied that there is sufficient cause for not filing it within that

period.

The Complainant who claims compensation from the Distribution

Licensee has paid such fees as may be stipulated by the

Commission from time to time.

3.18. Subject to the provisions of the Act and this Regulation, the

Ombudsman’s decision on whether the representation is fit and proper for

being considered by it or not, shall be final.

3.19. The Ombudsman may reject the representation at any stage if it

appears to him that the representation is:

a) Frivolous, vexatious, mala-fide;

b) Without any sufficient cause;

c) There is no prima facie loss or damage or inconvenience caused to

the Complainant;

Provided that the decision of the Ombudsman in this regard shall be

final and binding on the Complainant and the Distribution Licensee.

Provided further that no representation shall be rejected in respect of

sub-clauses (a), (b) and (c) unless the Complainant has been given an

opportunity of being heard.

Format for submission of representation

3.20. The Complainant can submit his/ her representation as per the format

specified in ANNEXURE II of APPENDIX I.

¹⁴

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

Promotion of settlement by conciliation

3.21. As soon as it may be practicable to do but not later than one week

from the date of receipt of the representation, the Ombudsman shall serve a

notice to the concerned officer of the Licensee named in the representation

along with a copy of the representation and Endeavour to promote a settlement

of the representation by mutual agreement between the Complainant and the

Licensee through conciliation or mediation.

3.22. For the purpose of facilitating settlement of the representation, the

Ombudsman may follow such procedures, as he may consider appropriate.

3.23. When a representation is settled through mediation of the

Ombudsman, the Ombudsman shall make a recommendation which he thinks

fair in the circumstances of the case. The copies of the recommendation shall

be sent to the Complainant and the Licensee.

3.24. If the Complainant and the Licensee accept the recommendation

of the Ombudsman, they will send a communication in writing within 15 days

of the date of receipt of the recommendation. They will confirm their acceptance

to the Ombudsman and state clearly that the settlement communicated is

acceptable to them, in totality, in terms of the recommendations made by the

Ombudsman, and are in full and final settlement of the representation.

3.25. The Ombudsman shall make a record of such an agreement as

his/her orders and thereafter close the case.

Hearing of representations

3.26. After registering the representation, the Ombudsman, within seven

days of registration, shall call for records relating to the representation from the

concerned Forum. The concerned Forum shall send the entire records within

seven days from the date of receipt of such notice, to the office of the

Ombudsman.

3.27. The Ombudsman may require the Licensee or any of the officials,

representatives or agents of the Licensee to furnish documents, books,

information, data and details as may be required to decide the representation

and the Licensee shall duly comply with such requirements of the Ombudsman.

3.28. The Ombudsman may hear the parties and may direct the parties

to submit written statements of submissions in the matter.

3.29. A Complainant, Distribution Licensee or any other person who is a

party to any proceedings before the Ombudsman may either appear in person

or authorise any person to present his/ her case before the Ombudsman and to

do all or any of the acts for the purpose.

3.30. Where the Complainant or the Licensee or their representative fails

to appear before the Ombudsman on the date fixed for hearing on more than

two occasions, the Ombudsman may decide the representation ex-parte.

3.31. No adjournment shall ordinarily be granted by the Ombudsman

unless sufficient cause is shown and the reasons for grant of adjournment have

been recorded in writing by the Ombudsman.

3.32. Where the representation is not settled by agreement within a

period of 30 days from the date of receipt of the representation or such

extended period the Ombudsman may deem fit duly considering the overall time

limit specified, the Ombudsman may determine the manner, the place, the date

and the time of the hearing of the matter as the Ombudsman considers

appropriate.

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

ISSUE OF ORDER

3.33. The Ombudsman shall pass a written order giving reasons for all

his/her findings. The order shall state the nature of the reliefs to which the

Complainant is entitled as per the order. A copy of the order shall be sent to the

parties and also to the concerned Forum for information.

3.34. The Ombudsman shall pass an order as early as possible, but in

any case, within 60 days from the date of receipt of the representation. Where

there is delay in the disposal of a representation within the said period, the

Ombudsman shall record the reasons for such delay.

3.35. The order passed by the Ombudsman shall set out:

a) Issue-wise decisions;

b) Reasons for passing the order; and

c) Directions, if any, to the Distribution Licensee or Complainant,

or any other order, deemed appropriate in the facts and

circumstances of the case.

3.36. The Licensee shall duly comply with and implement the decision of

the Ombudsman on the representation filed by the Complainant within 15 days

of the issue of the Order.

3.37. Non-compliance of the Ombudsman’s orders shall be deemed to be

a violation of these Regulations and liable for appropriate action by the

Commission under section 142 of the Electricity Act, 2003.

3.38. No party can file an appeal before the Commission against the

order passed by the Ombudsman. However, this is without prejudice to the

rights of the complainant and the licensee to seek appropriate remedy against

the order passed by the Ombudsman before appropriate bodies.

3.39. Upon request of the Complainant, the Ombudsman may issue such

interim orders at any stage during the disposal of the representation as it may

consider necessary.

Provided that the Ombudsman shall have the powers to pass such an

interim order in any proceeding, hearing or matter before it, as it may consider

appropriate if the Complainant satisfies the Ombudsman that prima facie the

Distribution Licensee has threatened or is likely to remove or disconnect the

electricity connection, and has or is likely to contravene any of the provisions of

the Act or any rules and regulations made there under or any order of the

Commission, provided that, the Ombudsman has jurisdiction on such matters.

Provided further that, except where it appears that the object of passing

the interim order would be defeated by delay, no such interim order shall be

passed unless the opposite party has been given an opportunity of being heard.

3.40. The Ombudsman shall be guided by the principles of natural

justice, and subject to the other provisions of these regulations, the

Ombudsman shall have powers to regulate its own procedure.

3.41. The Ombudsman shall inspect the office of CGRF once in a year

and submit the report to the Commission within a month.

Reporting Requirements

3.42. The Ombudsman shall submit to the Commission a half-yearly

report on all the representations filed before it during the period. The report

should be submitted within 30 days of the close of the period to which it

relates.

3.43. The report shall cover:

a) Facts of the representation

b) Responses of parties in brief

c) Opinion of the Ombudsman on the compliance of standards of

performance by the licensee

¹⁶

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

d) Key directions issued to licensee and/or consumer in the order

e) Compliance of order by licensee and/or consumer

3.44. The Ombudsman shall also furnish a yearly report containing a

general review of the activities of the Ombudsman’s office during the financial

year to the State Commission and the State Government. The report should be

submitted within 45 days of the close of the financial year to which it relates.

4. CONSUMER ADVOCACY

4.1. A Consumer Advocacy Cell may be constituted by the

Commission to provide the required legal advice, support, and

assistance to Complainants for representing their case before the

Ombudsman.

4.2. Such a Cell shall be funded by the Commission.

4.3. The Cell may also perform additional functions as specified

below:

a) Half-yearly review of grievances, representations and

reports submitted by the Forum and the Ombudsman in

order to advise the Commission on improvements to be

made in the Regulations.

b) Analysis of reports submitted by the licensee with regards

to levels of performance achieved on performance standards

specified

under

Section

(Consumer

Protection:

Standards of performance of licensee) of the Act.

c) Facilitate capacity building of consumer groups and ensure

their effective representation for enhancing the efficacy of

regulatory processes.

4.4

The Commission shall issue guidelines to operationalise the

consumer Advocacy cell.

MISCELLANEOUS

5.1

Submission of Report to the Commission

(1) The Ombudsman shall submit a report to the Commission

on the category-wise number of complaints received,

redressed and pending for every quarter of financial year

within 15 days from the end of the preceding quarter.

(2) The Electricity Ombudsman shall send to the Commission a

report on a six monthly basis giving details of grievances of

the consumers dealt, the response of the licensees in the

redressal of the grievances for the preceding six months.

Such report shall be sent on 31st January and 31st July of

every calendar year. The Electricity Ombudsman shall also

send to the Commission an annual report containing

general review of activities of their office(s) during the

preceding calendar year.

(3) The Commission may, if it considers necessary in the public

interest so to do, publish the reports received from the

Electricity Ombudsman in such consolidated form or

otherwise as it deems fit.

5.2

Implementation of Orders/Awards

Any order/award passed or direction issued by Electricity Ombudsman

shall be implemented or complied with by the licensee or the person required by

the order or direction to do so. Non-compliance of the order of the Ombudsman

shall be treated as violation of the Regulations of the Commission and

accordingly liable for action u/s 142 of the Act.

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

5.3

Certified Copies

(1) Every party to a proceeding in the Forum or before the

Electricity Ombudsman or any interested person may

obtain certified copy of any order passed by the Forum or

Electricity Ombudsman.

(2) Certified copy of the order passed by the Forum or

Electricity Ombudsman shall be supplied, on demand,

within 7 days.

5.4

Repeal and Savings

The existing BERC (Consumer Grievance Redressal Forum

and Electricity Ombudsman) Regulations, 2006 are hereby

repealed.

Notwithstanding such repeal, the redressal or settlement of

pending grievances and representations, respectively, made

before coming into force of the Bihar Electricity Regulatory

Commission

(Consumer

Grievance

Redressal

Forum,

Ombudsman and Consumer Advocacy) Regulations, 2017,

shall continue to be governed by the provisions of the

earlier Regulations on the subject notified on “Previous

Regulations Dated", 20^th May, 2006 published in Bihar

Gazette on 22^nd May, 2006.

5.5

Power to Amend.—The Commission may, at any time add,

modify, delete or amend any provision of these Regulations subject to the

provision of the Electricity Act, 2003.

5.6

Powers to remove difficulties.—If any difficulty arises in giving

effect to any of the provisions of these Regulations, the Commission may make

such provisions not inconsistent with the provisions of this Act, as may appear

to be necessary for removing the difficulty.

By the order of the Commission,

PARMANAND SINGH,

Secretary..

¹⁸

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

APPENDICES

ANNEXURE- I

GRIEVANCE SUBMISSION BEFORE FORUM

APPLICATION TO FORUM FOR REDRESSAL OF GRIEVANCE

Note: * indicates compulsory fields

Date*: ____________

1. Name of the Complainant

:____________________________________________

2. Full address of the Complainant *

:____________________________________________

Pin Code*

:____________________________________________

Phone no.*

:____________________________________________

Fax no.

:____________________________________________

Email id

:____________________________________________

3. Nature of Connection and Consumer no.* (in case of having applied for a

connection, state the application number):_______________________________________

4. Distribution Licensee*

:____________________________________________

5. Complaint receiving centre number* :____________________________________________

6. Category of grievance (please tick the relevant box/ boxes):-

a. Wrong billing ____________

b. Recovery of arrears

____________

c. Faulty Meter ____________

d. Burnt meter

____________

e. Supply interruption ___________

f. Harmonics in supply

____________

g. Supply voltage related ____________ h. Deficient service ____________

i. Delay in providing new connection_________

j. Reconnection __________

k. Change in connected load ____________

l. Transfer of connection ________

m. Others (please specify)_____________________________________________________

7. Name of the employee / employees (specify employee ID or department)

or department against whom grievance has been filed (if any):______________

_________________________________________________________

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

8. Details of the grievance, facts giving rise to the grievance* (If space is not

sufficient please enclose separate sheet)

____________________________________________________________________________________

9. Nature of relief sought from the Forum

____________________________________________________________________________________

10. List of documents enclosed (Please enclose copies of any relevant

documents which support the facts giving rise to the grievance)

____________________________________________________________________________________

11. Declaration

(a) I/ We, the Complainant /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

hereinabove and the documents submitted herewith.

(b) 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.

through the Forum in any previous proceedings.

(d) The subject matter of my / our Grievance has not been decided by

any competent authority/court/arbitrator, and is not pending before

any such authority/court/arbitrator.

Yours faithfully

(Signature)

(Complainant’s name in block letters)

²⁰

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

NOMINATION–(If

the

Complainant

wants

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.

……………………….. , 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 Complainant)

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

ANNEXURE- II

SUBMISSION OF REPRESENTATION BEFORE OMBUDSMAN

REPRESENTATION BEFORE THE OMBUDSMAN

Note: * indicates compulsory fields

Date*: __________

The Ombudsman

(specify full address)

Dear Sir / Madam

SUB: (please make a mention of the order of the Forum from which a

representation to the Ombudsman is being made)

Details of the grievance are as under:

1. Name of the Complainant

: ___________________________________________

2. Full address of the Complainant *

: ___________________________________________

Pin Code*

: ___________________________________________

Phone no.*

: ___________________________________________

Fax no.

: ___________________________________________

Email id

: ___________________________________________

3. Nature of Connection and Consumer no.* (in case of having applied for a

connection, state the application number): _________________________________________

4. Distribution Licensee*

: ___________________________________________

5. Name and Address of the Forum*

: ___________________________________________

6. Date of submission of grievance by the Complainant to the Forum* (please

enclose 3 copies of the grievance)

: ___________________________________________

7. Details of the representation, facts giving rise to the representation* (If

space is not sufficient please enclose separate sheet)

_____________________________________________________________________________________

²²

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

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. If the consumer has received the final decision of the Forum, whether any

amount was assessed by the Forum to be paid by the consumer to the

licensee? (If yes, please enclose receipt of the deposit of 1/3rd of such

amount with the Ombudsman)

_____________________________________________________________________________________

10. Nature of relief sought from the Ombudsman

_____________________________________________________________________________________

11. List of documents enclosed (Please enclose three copies of all relevant

documents which support the facts giving rise to the representation)

_____________________________________________________________________________________

12. Declaration

(a) I/ We, the Complainant/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

hereinabove and the documents submitted herewith.

(b) The subject matter of the present 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.

the Office of the Ombudsman in any previous proceedings.

(d) The subject matter of the present representation has not been decided by

any competent authority/court/arbitrator, and is not pending before any

such authority/ court / arbitrator.

Yours faithfully

(Signature)

(Complainant’s name in block letters)

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

NOMINATION–(If

the

Complainant

wants

nominate

his

representative to appear and make submissions on his behalf before the

Ombudsman, the following declaration should be submitted.)

I/We the above named consumer hereby nominate Shri/Smt.

….……………………………………., 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 Complainant)

²⁴

BIHAR GAZETTE (EXTRA) 23RD OCTOBER 2017

Annexure-III

ANNEXURE III: QUARTERLY REPORTING BY FORUM/OMBUDSMAN

Quarter: _____________

Financial Year: _____________

1. Status of Grievance Redressal

Sl.

Parameters

Delay in

restoring

supply

Quality

supply

Meter

problems

Billing

problems

Quality

service

Others

Total

Grievances

pending at end

of previous

quarter

Grievances

received during

this quarter

Total

grievances

(1+2)

Grievances

attended

during this

quarter

Balance

grievances to

be attended

(3-4)

Grievances

successfully

redressed

during this

quarter

Grievances in

the process of

redressal

Grievances

escalated to

Ombudsman

Note: Sum of rows 6, 7 & 8 should be equal to row 4

BIHAR GAZETTE (EXTRA), 23RD OCTOBER 2017

2. Status of compliance by licensee

a. Of the number of grievances successfully redressed during the

quarter, state the number of grievances in which the order specified

directions for the licensee: _______

b. Describe the status of the licensee’s compliance against each such

grievance:

______________________________________________________________________________________

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 993—571+400—Egazette

Website: http://egazette.bih.nic.in