PSERC CAC Public Information Series 2007 Guide to Complaint Handling Procedure and other Consumer issues PUNJAB STATE ELECTRICITY REGULATORY COMMISSION SCO 220-221, SECTOR 34-A, CHANDIGARH GGuuiiddee ttoo CCoommppllaaiinntt HHaannddlliinngg PPrroocceedduurree aanndd ootthheerr CCoonnssuummeerr iissssuueess Table of Contents Sr. No. Description Page No. 1. Introduction 3 & 4 2. Right to Redress: Framework 5 3. Right to Redress: Mechanism and Relevant GoP Notifications 6- 12 4. Ombudsman, Electricity & Consumer Grievances Redressal Forum 13 5. Dispute Settlement Committees (DSC's) - North Zone ZDSC/ CDSC/ DDSC's 14- 15 - South Zone, ZDSC/ CDSC/ DDSC's 16- 17 - West Zone, ZDSC/ CDSC/ DDSC's 18- 19 - Border Zone, ZDSC/ CDSC/ DDSC's 20- 22 - Central Zone, ZDSC/ CDSC/ DDSC's 23- 24 6. District Level Committees U/S 166(5) 25 -26 7. How to lodge a Complaint? Some Pointers 27 8. National Consumer Helpline 28 9. Important Websites 28 2 Introduction mongst other functions, the Punjab State Electricity Regulatory Commission (PSERC) is also enjoined to protect the interests of the consumers. Towards this end, PSERC has in its order of June 26, 2006 approved Athe Punjab State Electricity Board's (PSEB) Consumer Complaint Handling Procedure (CCHP). PSEB has in turn notified the same in its Commercial Circular No 40 of 2006 dated 29 July 2006 which has become effective from August 1, 2006 thereby establishing Dispute Settlement Committees (DSC's) at Zonal/Circle/Divisional level (ZDSC, CDSC and DDSC) for redressal of consumer grievances. The PSERC (Forum and Ombudsman) Regulations 2005 were notified under section 42 (5), 42 (6) and 42 (7) of the Electricity Act, 2003 (EA, 03) in accordance with which, PSEB has since set up the Consumer Grievance Redressal Forum. All appeals arising out of the orders of the DSC's under PSEB's Consumer Complaint Handling Procedure 2006 will be heard by the Forum. The Ombudsman, Electricity has also been appointed to hear appeals against decisions of the Forum. In order to deal with cases of unauthorized use of electricity under Section 126/127 of EA, 03, the Govt. of Punjab has notified Assessing and Appellate Authorities through Notifications dated January 7, 2005 and March 9, 2006 respectively. The State Govt. has, in its Notification dated January 21, 2005 designated Operation Officers, Enforcement Officers and Mobile Meter Testing Squad (MMTS) officers of the rank of Assistant 3 Engineer/Assistant Executive Engineer/ Sr. XEN to function as Authorized Officers under section 135 of EA, 03. Cases involving theft of electricity covered under Sections 135 to 139 of EA, 03 are triable only by special courts to be established for this purpose in accordance with section 153 of EA, 03. Until these are set up, all such cases will be tried by the existing competent courts in the light of Rule 11 of the Electricity Rules, 2005. Section 152 of the EA, 03 permits one time compounding of an offence of theft of electricity by an officer authorized for this purpose by the State Govt. The Govt. of Punjab has since notified the Authorized Officers to compound an offence as well as compounding rates to be charged in its Notification No. 1/27/05EB(PR)2004 dated 22nd March, 2006. Section 152 (3) of EA, 03 further provides that compounding of an offence shall be deemed to amount to an acquittal within the meaning of Section 300 of the Code Criminal Procedure, 1973. Section 166 (5) of EA, 03 requires the State Govt. to constitute District Level Committees for coordinating and reviewing the extension of electrification, quality of power supply, consumer satisfaction and promote energy efficiency and its conservation. The Govt. of Punjab has established these Committees through Notifications dated August 25, 2006 and November 24, 2006. This Guide highlights the important features and relevant details of the Consumer Complaint Handling Procedure and Govt. Notifications issued with a view to operationalizing the interface of electricity entities set up under EA, 2003 with the consumer. PSERC Orders, Commercial Circulars of PSEB as well as Notifications issued by GoP are/will be available on their websites. Punjab State Electricity Regulatory Commission 4 Right to Redress: Framework Complaints of General nature Relating to supply of electricity Monetary Non-Monetary Complaints Complaints AE/AEE Incharge of Sub-Division ZDSC CDSC DDSC Exceeding 50,001-2 lac Upto 50,000 2 lac Citizen Speak Consumer Grievances Redressal FORUM Ombudsman Electricity For details refer Right to Redress: Mechanism At Page 6 & 7 5 RIGHT TO REDRESS : Mechanism Mechanism for Redressal Of Consumer Grievances under the Electricity Act 2003 in the State of Punjab effective from 1st August 2006 Under what category does your case fall? Who to approach AE/ AEE incharge of the Sub-Division. Complaints of General Nature In case the complainant is not satisfied with the response or there is no response, the complainant will have the right to approach the Divisional Dispute Settlement Non-Monetary Complaints Committee. Such as delay in release of service connection, delay in issue of first bill/ subsequent bills, defects in meter/metering equipments, delay in Non-monetary complaints of General Nature will go from AE/AEE to replacement of defective/ dead stop meters, non-restoration of DDSC as per para 4(4) of CCHP 2006. supply in case of interruption or outage/breakdown or disconnection and other miscellaneous defaults. Monetary Complaints Divisional Dispute Settlement Committee (DDSC) Complaints involving following monetary disputes due to Complaints involving disputed amount upto Rs 50,000/- in each case. -wrong billing -misapplication of tariff Circle Dispute Settlement Committee (CDSC) -difference in application/calculation of service connection cha rges Complaints involving disputed amount exceeding Rs.50,000/- and upto Rs. 2 Lacs.in each and general charges, case. -difference in security against consumption, Zonal Dispute Settlement Committee (ZDSC) -defective metering or CT/PT meter errors, Complaints involving disputed amount exceeding Rs 2 Lacs in each case. -levy of voltage surcharge, -supplementary billing or any other charges except those arising on matters pertaining to Open Access Before submitting a complaint involving billing disputes, the consumer will be required to deposit 20% of the total disputed amount and attach a copy of the receipt with the This list is not exhaustive and CCHP 2006 may be seen. complaint. 6 RIGHT TO REDRESS : Mechanism Forum and Ombudsman Forum and Ombudsman Regulations Gazette notification dt Sep t 9 2005. At second instance read with sections 42(5) 42(6) and 42(7) of EA 2003 Nature of Case Where to appeal Appel late Remedy Appeals against decisions of Dispute Settlement Consumer Grievance Redressal Forum Committees to be filed within 3 months. Forum stands constituted vide PSEB-O/O No 739/BEG General Complaints dt 22-9-06 Ombudsman, Electricity, Punjab In case the consumer is not satisfied with the decision Appointment notified as per PSERC Forum and Ombudsman of the Forum, an appeal can be filed with Ombudsman by Regulations dt. Sept 9, 2005. depositing 50% of the amount assessed by the Forum (incl of amount already deposited on this account) 7 Cases involving Unauthorised Use of Electricity Cases pertaining to Assessing Officers Appellate Authority Unauthorized Us e Electricity Charges payable ar e to Appellate Authorities notified by GoP (details at page 10) for Cases covere d be computed by Assessing deciding appeals under section 127 of EA 2003 against the orders Officers as per section 126 of EA of the Assessing Officers passed under section 126. u/s 2003 notified by GoP as detailed 126 at Page 10. Appeal is admitted if half of the assessed amount is deposited u/s of EA 2003 127(2) of EA 2003. All decisions of A ppellate authority are final as per S 127(4) of EA 2003. NB: U/s 145 of EA 2003, no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Assessing Officer referred to in S -126 or an Appellate authority referred to in S -127 is empowered by or under this Act to determine. 8 Cases involving Theft of Electricity Cases pertaining to Authorised Officers empowered to Trial and Compounding Theft of Electricity enter, inspect & search premises or Special Courts to effect seizure . ·Every Offence punishable u/s S 135 to 139 of the EA 2003 shall be triable only by the Special Courts within whose Operation Officers, Enforcement jurisdiction such offences have been committed. Officers and MMTS' officers Cases covered ·U/s 153 of EA 2003, Special Courts are required to be set notified as Authorized Officers u/s up for trying such offences including determination of u/s 135(2) of EA 2003 by GOP. (Details at 135-139 page 11). criminal liability u/s 135 and civil liability u/s 154. ·Until these are set up, all such cases will be tried by of EA 2003 Compounding Rates and Compounding Competent Courts in view of Rule 11 of Electricity Rules Charges at rates notified by GoP. 2005. ·U/s 152(3) Of EA 2003, an officer empowered in this Officers authorized to compound behalf may determine and direct payment of a sum of offence and the rates chargeable as money by way of one time compounding of an offence. per Section 152 (1) of EA 2003, have Compounding will be deemed to amount to an acquittal been notified by the Govt. of Punjab within the meaning of section 300 of the Code of Criminal (details at page 12). Procedure 1973. However, Civil Liability u/s 154 may still have to be determined. Rights pertaining to Section 42 (8) of the Electricity Act 2003:The provisions of S 42(5), 42(6) and 42(7) of EA 2003 shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those sub-sections.