Full Text
REGD. No. D. L.-33002/99
GOVERNMENT OF INDIA
Delhi Gazette
SG-DL-E-26062024-254946
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 04]
DELHI, MONDAY, JUNE 24, 2024/ASHADHA 3, 1946
[N. C. T. D. No. 78
PART III
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
DELHI ELECTRICITY REGULATORY COMMISSION
NOTIFICATION
Delhi, the 24th June 2024
Delhi Electricity Regulatory Commission (Guidelines for establishment of the Forum and the Ombudsman
for redressal of grievances of Electricity Consumers) Regulations, 2024
No. F.11(2203)/DERC/2023-24/8014/533 .—In exercise of the powers conferred on it by sub-section (2)(r) and
sub-section (2)(s) of Section 181 read with sub-sections (5), (6) and (7) of Section 42 of the Electricity Act 2003, and all
other powers enabling it in this behalf, and after previous publication, the Delhi Electricity Regulatory Commission
hereby frames the “Guidelines for establishment of the Forum and the Ombudsman for redressal of grievances of
Electricity Consumers) Regulations, 2024" as follows:
CHAPTER I
PRELIMINARY
1. Short title, application and commencement
a) These Regulations may be called the Delhi Electricity Regulatory Commission (Guidelines for establishment of the
Forum and the Ombudsman for redressal of grievances of Electricity Consumers) Regulations, 2024.
b) These Regulations shall be applicable to the Distribution Licencees operating in the National Capital Territory of Delhi in
their respective areas of supply.
c) These Regulations shall come into force effect from the date of their publication in the official Gazette.
2. Definitions
In these Regulations, unless the context otherwise requires: -
a) "Act" means the Electricity Act, 2003 (36 of 2003);
b) "Chairperson" means the Chairperson of the Consumer Grievances Redressal Forum;
c) "Commission” means the Delhi Electricity Regulatory Commission;
d) "Consumer" means any person who is supplied with electricity for his own use by a Distribution Licencee and
includes any other person whose premises are connected for the purpose of receiving electricity with the works of a
Licencee or a person whose electricity supply is disconnected by a Licencee or the person who has applied for connection
for receiving electricity from a Licencee;
e) “Consumer Grievances Redressal Forum” or “CGRF” or “Forum” means the forum for redressal of grievances of
electricity consumers, established by a Distribution Licencee pursuant to Section 42(5) of the Act and these Regulations;
f) "Days" means clear working days;
g) "Distribution Licencee” or “Licencee” means any person who has been granted a license to distribute electricity
under Section 14 of the Act by the Commission and includes deemed Licencees, authorized to operate and maintain a
distribution system for supplying electricity to the consumer in his area of supply;
h) "Electricity Service" means in particular and without prejudice to the generality of the term, electricity supply,
include metering, billing, maintenance of supply, maintenance of distribution system and all other attendant subservices
etc., which a Licencee is required to provide pursuant to his licence or under any other law for the time being in force;
i) "Grievance" includes but not limited to the following:
(i) Electricity services which are unsafe or hazardous to public safety,
(ii) New Connection, Non-Supply of or Interruption in Power supply;
(iii) Disconnection of Power supply
(iv) Voltage and power quality related issues;
(v) Load shedding/ unscheduled outage
(vi) Meter or Billing related issues,
(vii) Change in billing category, ownership changes;
(viii) Reduction or increase of connected load/ contract demand
(ix) Any other grievance under the Delhi Electricity Regulatory Commission (Supply Code and Performance Standards)
Regulations, 2017 or Delhi Electricity Regulatory Commission (Group Net Metering and Virtual Net Metering for
Renewable Energy) Guidelines, 2019 or DERC (Net Metering for Renewable Energy) Regulations, 2014 and DERC
(Peer to Peer Energy Transaction) Guidelines, 2024.
But shall not include the following:
(x) Unauthorized use of electricity as provided under Section 126 of the Act;
(xi) Offences and penalties as provided under Sections 135 to 141 and 150 of the Act; and
j) "Internal Consumer Grievance Redressal Cell" or "ICGRC" means such first authority to be contacted for
redressal of the consumer grievance, as notified by the Licencee.
k) "Member” means the Member of the Forum and unless the context otherwise requires, the expression
'Member' shall also include the Chairperson;
l) "Ombudsman” means the “Electricity Ombudsman” appointed or designated by the Commission, under
Section 42(6) of the Act, to whom any consumer aggrieved by non-redressal of his grievances by the Forum, may make a
representation for the redressal of his grievance.
3. Interpretation
Words and expressions used but not defined in these Regulations shall have the same meaning as assigned to them in the
Act or in any other Rules or Regulations framed under the Act.
CHAPTER II
GENERAL
The general provisions contained in this Chapter shall be common and applicable to the Internal Consumer Grievance
Redressal Cell, Consumer Grievance Redressal Forum, and the Ombudsman.
4. Creation of Web portal for lodging grievances / representations
A user friendly Web portaland E-mail facility for Online lodging of Consumer grievances shall be established. These
facilities shall also carry Online Forms for submission of grievances along with the facility for uploading supporting
documents.
Notwithstanding the above, a grievance or representation received through the Postal mode shall not be rejected or
dismissed merely on the ground that the same is not as per the prescribed format.
5. Establishment of Helpdesks
The Internal Consumer Grievance Redressal Cell, Consumer Grievance Redressal Forum, and the Ombudsman shall each
establish Helpdesks for providing personal, telephonic and Online assistance to the Consumers for filing grievances or
representations.
6. Online Publication of Consumer redressal Manual (Bilingual)
a) For ease and convenience of the Consumers in filing Grievance or Representation, an online and downloadable
Manual (in English and Hindi) shall be published indicating therein a detailed but consumer-friendly procedure for the
said purpose.
b) It shall also be duly but separately highlighted in the said Manual (Bilingual) as well on the respective Websites that
the rights conferred upon the Consumer to submit his grievance or representation before the ICGRC, the CGRF and the
Ombudsman under the Electricity Act 2003, are without prejudice to his other rights which he may have under any other
law.
7. Maintenance of Online Library of Orders passed
All the Orders passed by the Forum and the Ombudsman shall be uploaded on their respective websites in such a
category wise manner as would enable ease of search and understanding.
8. Online Publication and intimation of Cause list and (daily)Orders
The Cause List, the Daily Orders and the Orders shall be uploaded at the respective websites and the parties shall also be
duly informed of the same by Post, and through E-mail, SMS and WhatsApp, if available.
CHAPTER III
INTERNAL CONSUMER GRIEVANCE REDRESSAL CELL (ICGRC)
9. Establishment of Internal Consumer Grievance RedressalCell (ICGRC)
The Licencee shall constitute and notify an ICGRC. It shall compose of one operational level officer and one officer of
the rank of Executive Engineer or equivalent thereto; for redressal of Consumer grievances. The contact details of the
ICGRC shall be prominently mentioned and highlighted in the Electricity Bills.
10. Procedure for processing the Grievances
a) Registration of grievance and maintenance of records - The grievance received shall be duly noted and
acknowledged to the Consumer by way of allotting an Acknowledgement Number.
b) Action by ICGRC - On receipt of the grievance, the ICGRC shall attempt to contact the Consumer and strive to
redress the grievance within the period shown as under:
+-----+------------------------------------------------------------------+----------------------------------+
|S.No.| Nature of Grievance | No. of Hours/Days for grant |
| | | redressal of |
+=====+==================================================================+==================================+
| (i) | Non-Supply or Interruption in power supply; | 24 hours |
| | Electricity services which are unsafe or hazardous to public | 24-72 hours |
| | safety. | |
+-----+------------------------------------------------------------------+----------------------------------+
| (ii)| Load shedding/ unscheduled outage | 48 hours |
+-----+------------------------------------------------------------------+----------------------------------+
| (iii)| Voltage and power quality related complaints; Disconnection of | 03 days |
| | supply | |
+-----+------------------------------------------------------------------+----------------------------------+
| (iv)| Other Grievances | 04 days |
+-----+------------------------------------------------------------------+----------------------------------+
c) ICGRC to forward grievances online to the Forum - If the ICGRC does not grant redressal within a total period of
fifteen (15) days of the receipt of the grievance or if the Consumer is not satisfied with the redressal granted, the online
portal of the Cell shall have the facility to enable the Consumer to refer and forward the Original grievance and the
decision thereon by ICGRC to the concerned CGRF.
11. Monitoring & maintenance of rec ord of performance of the ICGRC
The performance of the ICGRC shall be monitored by the Board of Directors/CEO of the Licencee and a quarterly record
thereof shall be maintained. A copy of such records shall be forwarded to the Commission on quarterly basis.
CHAPTER IV
CONSUMER GRIEVANCES REDRESSAL FORUM (CGRF)
12. Establishment of the Forum
In terms of Section 42(5) of the Act, every Distribution Licencee shall establish a forum for redressal of grievances of
Consumers to be known as the 'Electricity Consumer Grievances Redressal Forum' in accordance with these
Regulations.
Provided that nothing shall adversely affect the tenure and other service conditions of the existing Members of the
Forums till the completion of their respective tenures subject to annual appraisal of their performance by the
Commission.
13. Composition of the Forum
Each Forum shall have a Chairperson, Member (Legal) and Member (Consumer Affairs).
14. Eligibility
a) Chairperson
The Chairperson of the Forum shall be a person having the following qualifications: -
(i) a bachelor'sdegree in Engineering, or Law, or Finance, or
Management from a recognized university, and
(ii) not less than Twenty (20) years' experience in the respective fields
Provided that the person with the said qualifications and having experience in the electrical power sector may be
preferred for the post.
b) Member (Law)
One Member (Law) of the Forum shall be a person having the following qualifications:
(i) a bachelor's degree in Law from a recognized University and approved by the Bar Council of India, and
Provided, however, if the Chairperson is from the legal background, then the eligibility criteria for the Member
shall be as per sub-Regulation (a)(i) and (ii) above except that the word 'Law' shall be deemed to be omitted.
(ii) at least fifteen (15) years of post-qualification experience in handling legal matters; of which not less than ten
(10) years of experience as an Advocate or as a Law Officer preferably working in Power Sector and having
adequate knowledge and experience in dealing with consumer affairs.
c) Member (Consumer/Prosumer/Consumer Affairs)
One Member of the Forum shall be a resident of the area of supply of the Distribution Licensee preferably having fifteen
(15) years of experience in consumer affairs.
15. Ineligibility and Disqualification
a) No person shall be appointed and/or be entitled to continue as a Chairperson or Member if he/she stands
disqualified on account of his/her:
(i) having been adjudged an insolvent;
(ii) having been convicted of an offence which, in the opinion of the Commission, involves moral turpitude;
(iii) having become physically or mentally incapable of acting as such Chairperson or Member;
(iv) having acquired such financial or other interest as is likely to affect prejudicially his/her functions as a
Chairperson or Member;
(v) having so abused his/her position as to render his/her continuance in office prejudicial to public interest; or
(vi) having been guilty of proved misbehaviour;
(vii) having been found to have failed to deliver the functions assigned to them or exceeding their brief.
b) No person shall be eligible to be appointed to the Forum within two years of his retirement if, immediately
before that retirement, he has been in the service of a Distribution Licenceeof Delhior in the service of the holding
company or in the service of the subsidiary of such holding company of the said Distribution Licencee of Delhi.
c) Maximum age limit for eligibility for the post of Chairperson and Member of Forum shall be 62 years.
Note: Every applicant shall give an undertaking on affidavit that there is no FIR or Criminal case pending against him in
any Court of law in India. If such case is pending, then, details of the same, should also be mentioned.
16. Procedure for inviting applications
a) Applications from the eligible candidates for the post of the Chairperson or the Members of the Forum shall be
invited through public advertisement.
b) Provided that in case of vacancy for the post of Chairperson, the applications shall be invited by the Commission
and in case of vacancy for the post of Members, the applications shall be invited by the Licencee:
c) Provided further that in case of superannuation or the end of tenure of the Chairperson or of the Members,
applications shall be invited at least six (6) months prior to the date of such superannuation or such end of the tenure, as
the case may be:
d) Provided also that in case of occurrence of any vacancy in the Forum for the post of the Chairperson or of the
Members, by reason of death, resignation or removal, the applications shall be invited, within one (01) month from the
date of occurrence of such vacancy.
17. Manner of Screening of Applications
a) The applications for the post of Chairperson shall be scrutinized in the Commission within one (01) month from the
last date for receipt of applications, in the format as may devised by the Commission.
b) The applications, as per the format devised by the Licencee for the post of Members, shall be scrutinized by the
Distribution Licencee. The list of eligible candidates shall be forwarded to the Secretary of the Commission, within
one (01) month from the last date for receipt of applications.
18. Constitution of Selection Committee & provision for Casting Vote
a) The Committee for selection of the Chairperson and the Members of the Forum, shall comprise of the Chairperson
and the Member(s) of the Commission. The Commission may invite external subject matter specialist(s) to sit in the
aid of the Selection Committee.
b) The Secretary of the Commission shall be the Convener of the Selection Committee.
c) The Commission may invite any number of eligible candidates for interview, but, ordinarily, not less than three (03)
for any post.
d) While deciding the selection, each member shall have one vote and in case of equality of votes, the Chairperson of
the Commission or, in the absence of the Chairperson, the senior most Member of the Commission, shall have a
casting vote.
For clarification of doubt, the seniority amongst the two Members, other than the Chairperson of the Commission, shall
be as per respective date of their joining or if that be the same, as per the dates of birth.
19. Selection & Appointment
a) The Selection Committee shall finalize the selection of the Chairperson or other Members of the Forum within three
(03) months from the submission of the list of the eligible candidates by the Secretary of the Commission.
b) The Commission shall communicate the selection of the Chairperson or other Members to the Distribution
Licencee. The Licensee shall issue Appointment Letter within 15 days of receipt of such communication. As per
the provisions of Section 42(5) of the Electricity Act, 2003, the selected candidates shall join office of the Licensee
within 30 days of issue of appointment letter, unless otherwise directed by the Commission.
c) Notwithstanding the above, no appointment of Chairperson or Member shall be invalid merely by reason of non-
compliance of any of the above provisions
20. Power to Designate any person to officiate as Chairperson
In the event of Chairperson of the Forum being unable to discharge his functions owing to absence, illness or
any other cause, the Commission may designate any person to officiate as Chairperson for the interim period, till the day
the Chairperson reassumes Office, or a new Chairperson is appointed, as the case may be.
21. Term of office and Other conditions of service
a) The Chairperson or the Members shall hold office for a term of three (3) years from the date of entering their
respective offices:
b) Provided that subject to fulfilment of the conditions of eligibility, the Chairperson or the Members shall be eligible
for extension of tenure for a second term upto three (3) years and no further:
c) Provided also that no Chairperson or Member shall hold office after attaining the age of sixty-five (65) years.
d) The salary, allowances and other terms and conditions of service of the Chairperson and Members of the Forum shall
be laid down by the Commission from time to time:
e) Provided that the salary, allowances and other terms and conditions of the Chairperson and Members shall not be
varied to their disadvantage after appointment or extension of tenure.
22. Resignation by the Member
The Chairperson or the Member may, by giving not less than three (3) months' notice in writing under his hand and
addressed to the Chairperson of the Commission, resign his office.
Provided that the Commission may, after recording the reasons in writing, relax the specified period of notice.
23. Power and Procedure for Removal of the Members
The Commission, may, by order remove from office any member or the Chairperson of the Forum, in case he has been
rendered ineligible or stands disqualified in terms of Regulation 16 above.
Provided, however, no member or the Chairperson shall be so removed without being afforded a due opportunity to show
cause.
24. Chairperson's general Powers of superintendence
The Chairperson of the Forum shall exercise general powers of superintendence and administrative control over his office
including Members/Secretary/Staff and shall be responsible for the conduct of business of the Forum.
25. Staffing of the Forum
a) The Forum shall, with the prior approval of the Commission, specify the human resource requirement.
b) The Licencee shall, at all times, provide human resource requirement to the Forum as approved by the Commission.
26. Appointment of Secretary to the Forum
a) The Licencee shall, in consultation with the Forum, appoint/designate one of its officers as full time Secretary, who
shall be at least a graduate from a recognized University and shall have at least fifteen (15) years of work experience
as an executive in the middle management out of which minimum five (05) years' experience shall be in carrying out
functions of administrative and legal nature.
b) The Secretary of the Forum shall hold office for a term of three years from the date he enters upon his office.
Provided that subject to fulfillment of the conditions of eligibility the Secretary of the Forum shall be eligible for
reappointment for a second term upto three (3) years and no further.
c) No Staff member including the Secretary shall continue in the Forum on attaining the age of sixty (60) years.
CHAPTER V
JURISDICTION AND PROCEEDINGS OF THE FORUM
27. Jurisdiction of the Forum
The Forum shall have the jurisdiction to entertain the grievances filed by the Consumer with respect to the services
provided by the Licencee in its area of supply and give such orders and directions as may be deemed necessary.
28. Quorum of the Forum
At least two Members of the Forum shall constitute the Quorum for hearing of the grievances.
29. Grounds for Submission of Grievance before the Forum
If the ICGRC does not grant redressal within a total period of fifteen (15) days of the receipt of the grievance or if the
Consumer is not satisfied with the redressal granted or for any other reason, the online portal of the Cell shall provide an
option to the Consumer for referring his grievance to the concerned CGRF as provided for in regulation 11(c) above.
Notwithstanding the above, the Consumer may also, on his own, approach the appropriate Forum for redressal of
grievances.
30. Action by the Staff of the Forum on receipt of Grievance
On receipt of the grievance, due record shall be made containing entries such as date of receipt, registration number,
name and other Contact details of the Consumer, the category, the gist and the prioritisation of the grievance as per
Regulation 7 above. The Forum shall forward an acknowledgement throughSMS, or e-mail, or social communication
networks to the Consumer.
The office of the Secretary of the Forum shall carry out the scrutiny of the grievance and shall place the same before the
Forum for orders on admission within 7 (seven) days of the receipt of the grievance.
31. Procedure to be adopted by the Forum for redressal of Grievance
a) Condition precedent for issuing Notice - The grievance shall be placed before the Forum for orders. The Forum, if
a prima facie grievance is made out, shall issue Notice to the Licencee, without there being any requirement of the
Consumer being heard. Provided, that the Forum shall hear such matter urgently where interim relief has also been
prayed for. However, if the Forum is of the prima facie opinion that no grievance is made it shall, before dismissing
the grievance, grant an opportunity in this regard to the Consumer
b) The Notice, if issued by the Forum, shall invariably indicate the next date of hearing; keeping in view the timeline
specified in sub Regulations (c) to (e) hereunder for the purpose of completion of the pleadings.
c) Service of Copy of grievance to the Licencee – within three (3) days of issuance of the Notice, the office of the
Forum shall forward online a copy of the grievance to the Licencee directing it to file its reply.
d) Reply by the Licencee - The Licencee shall, within ten (10) days from the date of receipt of the notice from the
Forum or within such period as may have been otherwise directed by the Forum, shall furnish reply to the Forum
with a copy to the Consumer, failing which the Forum may, if deemed fit, proceed on the basis of the materials
available on record.
e) Rejoinder by the Consumer - The Consumer, on request, may be granted seven (7) days' time, or within such
period as may have been otherwise directed by the Forum, to file Rejoinder with a copy to the Licencee. The
pleadings then shall stand completed.
f) Notifying the parties about the date of hearing – Within ten (10) days of the completion of the pleadings, or as
may be otherwise directed, the Forum shall hear the matter.
g) Manner of hearing - The hearing(s) may be carried out in person, or in virtual or hybrid mode as per the discretion
of the Consumer.
h) Maintenance of Record – The proceedings may be recorded at the discretion of the Forum and maintained as record
for a period not less than one year from the date of the passing of the Final order by the Forum, for passing the Final
Order.
i) Restrictions on grant of adjournment – Unless further adjournment is warranted in the interest of justice, the
Forum shall not grant more than two adjournments of maximum 10 days each to each of the party respectively.
Provided that if the Forum is of the opinion, that the Licensee has not been able to justify seeking further adjournment or
delay in filing the Reply etc., the Licensee, may be directed to make to the aggrieved Consumer such monetary
reparations as may be found by the Forum to be just and fair for the loss of time in disposal of the matter.
j) Duty of the Secretary to send reminders etc. - In order to ensure that the pleadings are complete and the matter is
ripe for hearing, it shall be the duty of the Secretary of the Forum to send reminders to the concerned party if the
Reply or the Rejoinder or the document has not been filed by the concerned party within the time frame as had been
mentioned in the Notice issued by the Forum.
For limited purpose of this particular Regulation, the Secretary of the Forum shall be deemed to be the Registrar of the
Forum.
k) Principles to be followed by the Forum in disposal of the grievance -The Forum shall not be bound to follow the
procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908) and, subject to these Regulations, the Forum
may evolve procedure conforming to the principles of fair play and natural justice.
32. Powers of the Forum to call for records
The Forum may call any officer/ any record or information of the Licencee or from the Consumer, relevant for
examination and disposal of the grievance. The Forum may undertake to inspect the site by itself or direct any of its
employee or any other suitable person or agency to inspect the site and submit a report.
33. Power to Pass Interim Orders
The Forum may pass an Interim order as deemed fit in the facts and circumstances of the case, preferably after giving an
opportunity to the other party of being heard. The Interim order, if any, shall be duly forwarded to both the parties.
34. Order to be a Speaking Order & provision for Casting Vote
Every Order passed by the Forum shall be a speaking Order.
Provided that in case of difference of opinion among the Members on any point or points, the decision of the majority
shall prevail. In the event of equality of votes, the Chairperson of the Forum or, in the absence of the Chairperson, the
senior most Member of the Forum shall have a casting vote.
For clarification of doubt, the seniority amongst the Members, other than the Chairperson of the Forum, shall be as per
respective date of their joining or if that be the same, as per the dates of birth.
35. Compulsory contents of the Speaking Order.
Every Order passed by the Forum shall invariably contain the following endorsement.
a) "This Order shall be complied with within _______ days of the receipt of the certified copy or from the date it is
uploaded on the Website of the Forum; whichever is earlier. (if applicable).
b) "The parties are hereby informed that the instant Order is appealable by the Consumer before the Ombudsman within
30 days of the receipt of the Order.
c) If the Orders are not appealed against within the stipulated time or no interim stay thereon has been granted by the
Ombudsman, the same shall be deemed to have attained finality.
d) Any contravention of these Orders is punishable under Section 142 of the Electricity Act 2003."
36. Supply of Online & Certified copies of the Orders
The Forum shall supply a certified copy of the orders to both the parties within seven (7) days of the signing of the Order.
37. Power to Review
The Forum may review its Orders in conformity with the principles laid down in Section 114 read with Order 47 Rule 1
of the Civil Procedure Code, 1908.
38. Online transmission of Documents to the Ombudsman
After completion of the proceedings in each case, the Forum shall, through Online mode, forward all the relevant
documents and the Order of the Forum, to the Ombudsman, on the request made in this behalf by the aggrieved party.
39. Submission of Compliance Report & updation thereof onWebsites
The Licencee or the person as mentioned in the Order, as the case may be, shall submit a compliance report of the order
within three (3) days from the date of due compliance mentioned in the Order. Such compliance report shall also be
uploaded within three (3) days thereafter on the web portal of the Forum and of the ICGRC by the concerned Staff.
40. Submission of Quarterly Report to Ombudsman & Commission
The Forum will send quarterly reports to the Ombudsman and to the Commission, in respect of standards of
performance, other performance parameters and consumer grievances related information showing the extent to which
the time schedule has been followed in redressing the consumer grievances.
41. Monitoring of Forum by the Commission
The Commission shall monitor the performance of the CGRF.
CHAPTER VI
OMBUDSMAN
42. Appointment of Ombudsman
The Commission shall designate or appoint a person as Ombudsman.
Nothing in these Regulations shall adversely affect the tenure and other service conditions of the existing Ombudsman till
the completion of the tenure.
Provided further that grant of extention of tenure to the Ombudsman shall be subject to the appraisal of the performance
by the Commission.
43. Eligibility of Ombudsman
The Ombudsman shall be a person having the following qualifications:
a) a bachelor'sdegree in Electrical or Electronics Engineering, or
Law, or Finance, or Management from a recognized university,
b) not less than Twenty (20) years' experience in the respective fields.
Provided that the person with the said qualifications and having experience in the electrical power sector may be
preferred for the post.
44. Ineligibility and Disqualification
No person shall be appointed and/or be entitled to continue as Ombudsman if he/she stands ineligible or is disqualified as
per the provisions and the procedure contained in Regulation 16 above.
45. Constitution of Selection Committee & provision for CastingVote
a) There shall be a Selection Committee consisting of the Chairperson and Members of the Commission for the
selection of Ombudsman.
b) The Commission may invite external subject matter specialist(s) to sit in the aid of the Selection Committee.
c) While deciding the selection, each member shall have one vote and in case of equality of votes, the Chairperson of
the Commission or, in the absence of the Chairperson, the senior most Member of the Commission, shall have a
casting vote.
For clarification of doubt, the seniority amongst the two Members, other than the Chairperson of the Forum, shall be as
per respective date of their joining or if that be the same, as per the dates of birth.
For removal of doubts, the Ombudsman shall be deemed to be the junior most member for the limited purpose of this
Regulation.
c) Age Limit: The maximum age limit for applying for the post of Secretary and Advisors shall be sixty-two (62) years.
d) Tenure
The appointment of the Secretary, Advisors and support Staff, shall be for a period not exceeding three years in the first
instance which is extendable/ renewable for another period of three years at the discretion of the Commission:
Provided that the Secretary, Advisors and support Staff, shall not continue in the office on attaining the age of sixty-five
(65) years.
56. Powers of Ombudsman
The Ombudsman shall have the following powers:
a) General superintendence: To exercise general powers of superintendence and administrative control over his
office including Secretary/Advisor/Staff and shall be responsible for the conduct of business of the office.
b) Financial: The Ombudsman shall have power to incur expenditure on behalf of the office.
Provided that in order to exercise such power, the Ombudsman shall draw up an annual budget for his office in
consultation with the Commission and shall exercise the powers of expenditure within the approved budget.
57. Functions of Ombudsman
The Ombudsman shall perform the following functions: -
a) The Ombudsman shall consider the representation of the Consumer consistent with the provisions of the
Electricity Act, the Electricity Rules and these Regulations or the general orders or directions given by the government of
NCT in this regard before settling the grievances.
b) To receive representations against the orders of the Forum, consider such representations and facilitate
settlement by agreement, through conciliation and mediation between the Licencee and Consumer, or pass an order in
accordance with these Regulations where such settlement is not reached.
c) To maintain a register containing the details of the representations received, disposed of, reviews carried out,
etc. and the decisions thereon with an online backup for the same.
58. Procedure for lodging representation before the Ombudsman
If the Consumer is not satisfied with the redressal granted by the Forum, the online portal of the Forum shall have the
facility to enable the Consumer to automatically refer and forward to the Ombudsman the Original grievance and the
decision thereon by the Forum.
Notwithstanding the above, the Consumer may also, on his own, approach the Ombudsman.
59. Time limit for filing representation before Ombudsman
The Consumer shall be required to submit his representation before the Ombudsman within 30 days of the Order passed
by and received from the Forum.
Provided that the Ombudsman may entertain a representation after the expiry of the said period of thirty (30) days, if he is
satisfied that there was sufficient cause for not filing it within the said period.
60. Procedure to be adopted by the Ombudsman for settlementof the representation
The procedure to be adopted by the Ombudsman for settlement of the representation shall be similar to the procedure laid
down in Regulation 32 above.
Provided, however, that the Ombudsman may, with the exception of Regulation 32(g) & (h), incorporate changes in the
said procedure as deemed fit.
61. Principles to be followed by the Ombudsman in disposal ofthe representation
The Ombudsman shall not be bound to follow the procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908)
and, subject to these Regulations, the Ombudsman may evolve procedure conforming to the principles of fair play and
natural justice.
62. Powers of the Ombudsman to call for records
The Ombudsman may call any officer/ any record or information of the Licencee or from the Consumer, relevant for
examination and disposal of the grievance. The Ombudsman may undertake to inspect the site by itself or direct any of its
employee orany other suitable person or agency to inspect the site and submit a report.
63. Power to Pass Interim Orders
The Ombudsman may pass an Interim order as deemed fit in the facts and circumstances of the case, preferably after
giving an opportunity to the other party of being heard. The Interim order, if any, shall be duly forwarded to both the
parties; especially in reference to granting interim stay on the Orders passed by the Ombudsman.
64. Order of Settlement to be final and binding
The Order of Settlement of grievance passed by the Ombudsman shall be final and binding on the parties.
65. Order of Settlement to be a Speaking Order
a) The Order of Settlement to be passed by the Ombudsman shall pass a Speaking Order.
b) Every Order of Settlement of grievance passed by the Ombudsman shall invariably carry the following
endorsement.
i) "This Order of Settlement of grievance shall be complied within _______ days of the receipt of the certified copy
or from the date it is uploaded on the Website of the Forum; whichever is earlier." (if applicable).
ii) "The parties are hereby informed and cautioned that the Order of Settlement of Grievance is, as per Regulation
65 above, final and binding on the parties.
iii) Any contravention of these Orders is punishable under Section 142 of the Electricity Act 2003."
66. Supply of Online & Certified copies of the Orders
The Ombudsman shall provide a certified copy of the orders to both the parties within Seven (7) days of the signing of
the Order.
67. Power to Review
The Ombudsman may review its Orders in conformity with the principles laid down in Section 114 read with Order 47
Rule 1 of the Civil Procedure Code, 1908.
68. Submission of Compliance Report & updation thereof
The Licencee or the person as mentioned in the Order, as the case may be, shall submit a compliance report of the order
within three (3) days from the date of due compliance mentioned in the Order. Such compliance report shall also be
uploaded within three (3) days thereafter on the web portal of the Ombudsman, and of the Forum by the concerned Staff.
69. Submission of Biannual Report to the Commission & State Govt
a) The Ombudsman shall prepare a Report on 6 monthly basis and shall be forwarded to the Commission and the State
Government within 45 days after the end of the relevant period of six months.
b) In order to enable the Ombudsman to prepare the said Report, the Forums shall forward a quarterly Report in the
manner as may be prescribed by the Ombudsman. In addition to the said Monthly Reports, relevant and related
documents as may be required by the Ombudsman shall also be submitted by the Forums.
CHAPTER VII
MISCELLANEOUS
70. Officers deemed to be Public Servants
The Chairperson and Members of the Forum, the Secretary and the Staff thereof, the Ombudsman and the Secretary and
the Staff thereof, when purporting to act under any provision of the Electricity Act, 2003 or under any provision of these
Regulations or acting under the directions or the orders issued thereunder shall be deemed to be public servants within the
meaning of Section 21 of the Indian Penal Code, 1860 and Section 2 of the Prevention of Corruption Act, 1988.
71. Inherent & residuary Powers of the Commission
a) The Commission may by order provide for or clarify any matter on which no provision is made in these Regulations
or the provision made is insufficient.
b) The Forum and the Ombudsman shall exercise such other powers as the Commission may, by order, delegate from
time to time.
c) Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent powers of the Commission to
pass such orders as may be deemed necessary for the ends of justice or to prevent abuse of process of the
Commission.
72. Repeal and Savings
Save as otherwise provided in these Regulations, the Delhi Electricity Regulatory Commission (Forum for redressal of
grievances of the consumers and Ombudsman) Regulations, 2018 is hereby repealed.
Notwithstanding such repeal:
a) anything done or any action taken under the said Regulations shall be deemed to have been done or taken under
the corresponding provisions of these Regulations;
b) the proceedings initiated before coming into force of the Delhi Electricity Regulatory Commission (Guidelines
for establishment of Forum for redressal of grievances of the consumers and Ombudsman) Regulations 2024, shall
continue to be governed by the provisions of the repealed Regulations.
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