Procedure For Making Representation And Disposal
1. As contemplated under Section 42 (6) of the Electricity Act, 2003 “Any consumer, who is aggrieved by non-redressal of his grievances under sub-section (5), may make a representation for the redressal of his grievance to 'Vidyut Ombudsman'.
2. Clause 14.9.1 of GTCS reads "When the applicant/consumer does not get proper response even after approaching the Forum for Redressal of Grievances of the consumer or if he is not satisfied with the decision of the Forum, the consumer may make a representation to the Vidyut Ombudsman established by the Commission in accordance with Section 42 (6) of the Act".
3. Clause 18.1 of Regulation No.3 of 2016 reads “The complainant or a person duly authorized by him in this behalf may submit his representation in writing accompanied by a copy of the order of the Forum and other necessary supporting documents, if any, either in person or through post, e-mail or Fax to the office of the Vidyut Ombudsman having territorial jurisdiction”. Presently, no Fax machine is available in the office of Vidyut Ombudsman, and as such no such representation can be filed by Fax.
4. 'Representation' is defined under clause 2.10 of Regulation No.3 of 2016, as representation made to the Vidyut Ombudsman by or on behalf of a complainant who is aggrieved in any manner by non-redressal of his grievance(s) by a Forum,
5. Such representation to be submitted may have to be in the format specified in Annexure II of Regulation No.3 of 2016 or at least contain the information required in the format as far as possible, as contemplated under clause 18.3 of Regulation No.3 of 2016.
6. As is directed under clause 19.2 of Regulation No.3 of 2016, such representation may be filed before the Vidyut Ombudsman against the order of the Forum within thirty (30) days from the date of receipt of the order of the Forum. Of course Vidyut Ombudsman is empowered to condone the delay in presentation of representation for the sufficient cause to be shown as is laid down under proviso to the said clause 19.2 of Regulation No.3 of 2016.
7. Therefore, if there is any delay in presenting the representation before the Vidyut Ombudsman, the representationist may present delay condonation application setting out the grounds for which the delay is occurred and the Vidyut Ombudsman may condone the delay for the sufficient ground urged.
8. Section 42 (7) of the Electricity Act, 2003 envisages “The Ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the State Commission”.
9. Section 42 (8) of the Electricity Act, 2003 enumerates “The provisions of sub-sections (5), (6) and (7) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those sub-sections”.
10. In case the grievance of the complainant falls within the ambit of Sections 126, 127, 135 to 139 & 152 of the Electricity Act, 2003, such grievances do not fall within the jurisdiction of the Vidyut Ombudsman.
11. In case, the matter is returned for compliance of any objection, the representationist may take back the record and comply with the objections, if any raised.
12. If there is any delay in re-presenting the representation before the Vidyut Ombudsman within the time stipulated, the representationist may present delay condonation application setting out the grounds for which the delay is occurred, and the Vidyut Ombudsman may condone the delay for the sufficient grounds urged.
13. If the matter is taken on file, notice will be issued to both parties by post and email if available for appearance and to proceed with the matter further. As contemplated under clause 21.8 of Regulation No.3 of 2016, the complainant or the respondent(s) may appear before the Vidyut Ombudsman either in person or through any other person duly authorised by him including an Advocate.
14. The respondent(s) on appearance, may submit their response to the contentions raised by the representationist.
15. Both parties may let in evidence as sought to be relied on by them before the Vidyut Ombudsman as is provided under clause 21.1 of Regulation No.3 of 2016 and also make their oral or written submission as regards their case.
16. Thereafter, the Vidyut Ombudsman may deliver his order and the order pronounced by the Vidyut Ombudsman will be placed in the website www.vidyutombudsman.ap.gov.in and the party or even others may have access to the same. Copy of order so pronounced is also communicated to the available address of the parties to the cause by post. Of late, the copy of order is also being communicated to the email address of the parties if furnished by them on appearance or during hearing.