Transcript Dr. Ketan Shukla, IFS, Secretary, GERC

Dr.Ketan Shukla(IFS)
1
 A Customer is the most
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important visitor on our
premises.
He is not dependent on us,
we are dependent on him.
He is not an inconvenience to
our work. He is purpose of it.
He is not an outsider of our
business. He is part of it.
We are not doing him a
favour by serving him, he is
doing us a favour by giving us
the opportunity to do so.
- Mahatma Gandhi
2
Schematic of institutional and
policy structure
TAP
P
U
Executive
Policies
MoP
Regulations
&
Orders
Tariff
B
L
CERC
E.
Capacity Addition
I
Legislature
Act
SERCs
C
Consumer Service
TAP
3
Institutional Framework
Generation: Public,
Private
Regulator
Distribution: Public,
Private, Bulk consumers
Transmission:
Public, Private
Power Flow
Market
Money Flow
Regulation
4
Players and Interactions
Consumers/Public
Contract
Utility
Regulatory
Commissions
Political
Voice
Authority
/ policy
Government
/ Policy makers
5
Consumer Expectations & agitations
Adequate & timely
availability of power
Reasonable
Tariff
Good Service
Quality
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CONSUMER RIGHTS
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Right to Safety
Right to be Informed
Right to Choose
Right to be Heard
Right to Seek Redressal
Right to Consumer Education
Right to Basic Needs
Right to healthy environment
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CONSUMERS RESPONSIBILITIES
 Consumer must exercise his rights.
 Cautious consumer.
 Filing complaint for the redressal of
genuine grievances.
 Consumer must be quality conscious.
 Advertisements often exaggerate
 Insist on cash memo .
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Service and supply related issues
 Poor service quality:
 Billing errors, metering related issues, un-
timely fault resolution, etc
 Un-planned load Shedding, poor quality of
supply, etc
 Lack of information/clarity about procedures
such as getting new connection, change in
name or connection type and so on
 Lack of access:
 Half the households do not get electricity
which is a high quality, cost effective form of
energy
Poor and small consumers most effected
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National Electricity Policy
• Consumers
– Access to electricity for all households by 2010
– Per capita availability of electricity to be increased to over 1000
–
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units by 2012
Minimum lifeline consumption of 1 unit/household/day as a merit
good by year 2012
Cross subsidies to be reduced gradually
Provision of support to lifeline consumers (households below
poverty line having consumption of 30 units per month) with tariff
being at least 50% of average cost of supply.
Grievance Forum and Ombudsman to be set up
Government and RCs to facilitate capacity building of consumer
groups.
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Regulatory mandate
 Defining norms and standards for
service quality that utility must
comply with
 Establishing grievance redressal
mechanism that is simple, easy to
access, quick in response and
economical for consumers
 Establish monitoring mechanisms
to ensure compliance of standards
and regulations and effective
grievance redressal
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Why Consumer Protection?
 Power sector is a Public utility.
 Natural Monopoly.
 Essential service.
 Effects:
1. Conflict of Interest
2. Exploitation- Poor service.
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Consumer – Licensee Relationship
 Licensee’s Power to recover
Expenditure incurred in
providing Supply
 Procedure and manner of
recovery of service line charges
and other Misc. charges
 Issues related to prorata charges
& fix charges
 Security Deposit Regulations
 Issues related to review of SD
and refund of SD
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Regulatory Role in protecting consumer interests
• Setting reasonable and affordable
tariff that reflects supply and service
quality
• Ensuring adequate power availability
• Monitoring of supply and service
quality
• Ensuring compliance of utility with
various
legal
provisions
and
regulations
• Conducting due public processes for
all the above functions
• Increase awareness and transparency
encourage public participation
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Three tier grievance redressal mechanism
structure
• Each licensee to establish IGRC &
Consumer’s
grievance
CGRF
• CGRF
– Consists of Independent
Internal Grievance
Redressal Cell (IGRC)
Consumer Grievance
Redressal Forum (CGRF)
Ombudsman
Chairperson, utility’s
representative, and consumer
representative
– Should decide the matter within
45 days
• Ombudsman
– Appointed by commission
– Only consumer can appeal
against the decision of CGRF to
Ombudsman
– Orders available on website
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Complaint Redressal Mechanism under Electricity Act,
2003 and GERC regulations
CGRF
Ombudsman
For grievance against
order of Ombudsman
High Court
(by writ petition under
section 226)
For implementation of
the order Ombudsman
Commission
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3 Tier mechanism for redressal of consumer grievances
1.
Licensee’s internal redressal system:
i. Local office of the licensee
ii. Office in-charge of Division
iii. Office in-charge of Circle.
2.
Consumer Grievances Redressal Forums:
3. Electricity Ombudsman:
Matters falling under section 126, 127, 135 to 139, 152
and 161 of the Electricity Act, 2003 are not within
purview of Forum or Ombudsman.
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Electricity Act, 2003, Section 42 (5)
Every distribution licensee shall, within six months from the appointed date or date of
grant of licence, whichever is earlier, establish a forum for redressal of grievances of
the consumers in accordance with the guidelines as may be specified by the State
Commission.
Electricity Rules (Amendments), 2005 : Section – 7
The distribution licensee shall establish a Forum for Redressal of Grievances of
consumers under sub-section (5) of section – 42 which shall consist of officers of the
licensee. The Appropriate Commission shall nominate independent member who is
familiar with the consumer affairs.
Provided that the manner of appointment and the qualification and experience of the
persons to be appointed as member of the Forum and the procedure of dealing with
the grievances of the consumers by the Forum and other similar matters would be as
per the guidelines specified by the State Commission.
GERC Regulations:
GERC (Establishment of Forum for Redressal of Grievances of the Consumers)
Regulations, 2004 notified on 25th August, 2004 is amended by the Notification No. 2
of 2011, Gujarat Electricity Regulatory Commission (Consumers Grievances Redressal
Forum and Ombudsman) Regulations, 2011 dated 7.04.2011.
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Important Definitions
 "consumer" means any person who is supplied with electricity for his own use by a
licensee or the Government or by any other person engaged in the business of
supplying electricity to the public under this Act or any other law for the time being in
force and includes any person whose premises are for the time being connected for
the purpose of receiving electricity with the works of a licensee, the Government or
such other person, as the case may be;
 “Forum” means the forum for redressal of Grievances of the Consumers to be
constituted by the Licensee in terms of sub-section (5) of section 42 of the Act and in
accordance with the Guidelines.
 “Grievance” shall mean a grievance of the Consumer arising out of the failure of the
Licensee to register or redress a Complaint, and shall include any dispute between
the Consumer and the Licensee with regard to any Complaint or with regard to any
action taken by the Licensee in relation to or pursuant to a Complaint.
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Constitution of Forums
•
Each Forum shall consist of 3 (three) members: (i) Chairperson, (ii) Technical
Member and (iii) Independent Member. The Chairperson and the Technical
Member shall be appointed by the licensee; the Independent Member
shall be nominated by the Commission.
•
The Chairperson of the Forum shall be a retired district judge / a retired
senior judicial officer or a retired civil servant not below the rank of
Collector or a retired senior electrical engineer not below the rank of
Chief Engineer having the experience of distribution of electricity.
•
The Technical Member shall be a serving officer at the headquarters of
the Licensee / Forum and not below the rank of Superintending Engineer.
•
The Independent Member shall be nominated by the Commission who shall
be a representative of a consumer protection organization / association, or a
person of stature and repute having sufficient exposure to and
experience of consumer affairs.
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Functions of Forum
 It shall facilitate and expedite the
redressal of Complaints/Grievances; with
in a maximum period of 45 days from the
date of receipt of the Grievances by the
Forum.
 It shall protect the interest of Consumers;
 It shall inform Consumers of their rights;
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Right of Consumer to approach Forum
 If the Licensee fails to register a Complaint;
or
 If the Licensee fails to resolve a Complaint
in accordance with the Standards of
Performance specified by the Commission;
or
 If the Consumer/Complainant is not
satisfied with the Redressal of the
Complaint (including dismissal) even after
taking up the issue at the level of
division head/circle head, as provided for in
the Standards of Performance.
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Limitations / Pre-conditions for Submission of Grievances
• A Complainant shall not be entitled to approach the Forum in any of the
following cases:
i. 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;
ii. In cases which fall under sections 126, 127, 135 to 139, 152 and 161 of the Act;
iii. In cases where the Complaint/Grievance has been registered two years after the
date on which the cause of action has arisen
iv. Complaints/Grievances which are:
a) frivolous, vexatious, malafide;
b) without any sufficient cause;
c) there is no prima facie loss or damage or inconvenience caused to the
Complainant.
• Provided that no Complaint/Grievance shall be rejected unless the Complainant
has been given an opportunity of being heard.
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Nature of complaints to be dealt by CGRF and
Ombudsman
 Billing.
 Estimate for new connection or
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extension of load.
Non-release of connection.
Disconnection.
Reconnection of service.
Meter related complaints.
Interruption in power supply.
Quality of power supply.
Delay in any service from licensee.
Safety related complaints.
Breach of rules and regulations by
licensee.
Compensation for nonobservance of
SOP.
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Redressal of consumer grievances
1. Licensee’s internal redressal system:
A consumer having any complaint, should approach Licensee’s internal
redressal system sequentially i.e. on failure or non-response by the lower level,
higher level should be approached.
1. Local office of the licensee
2. Office in-charge of Division
3. Office in-charge of Circle.
2. Consumer Grievances Redressal Forums:
If the complaint is not resolved, then he may file a complaint against
concerned forum of licensee in the area of consumer.
3. Electricity Ombudsman:
If consumer is still not satisfied by the order of forum, then he may file
representation before Ombudsman.
Matters falling under section 126, 127, 135 to 139, 152 and 161 of the Electricity Act,
2003 are not within purview of Forum or Ombudsman,
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Issues of order
• After the completion of the proceedings, the Forum 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:
i. to remove the cause of Complaint/Grievance in question;
ii. to return to the Consumer(s) the undue charges paid by the Consumer(s);
iii.to pay such compensation, to the person affected, as determined by the
Commission under the Gujarat Electricity Regulatory Commission (Standard of
Performance of Distribution Licensee) Regulations, 2005, in case the Licensee
fails to meet the standards of performance as specified by the Commission;
iv. to remove the defects/deficiencies in the services in question;
v. to discontinue the unfair trade practice or the restrictive trade practice or not to
repeat them;
vi. not to offer and/or to withdraw hazardous electricity services;
vii. any other order, deemed appropriate in the facts and circumstances of the
case.
• The Forum shall intimate the Complainant, the contact
details of the Electricity Ombudsman appointed or
designated by the Commission under these Regulations
along with every order.
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Implementation of order
• The licensee shall implement the decisions of the
forum within the timeframe specified in the order
and report compliance to the forum within 7 days
of the implementation of the order.
• In case of non-implementation of the Forum’s
order, the Complainant may represent to the
Ombudsman to direct the Licensee to
implement the Forum’s order. Nonimplementation of the Forum’s order by the
Licensee shall be deemed to be a violation of the
Regulations and shall be liable for appropriate
remedial action.
• Any person aggrieved by an order made by the
forum may prefer an appeal against such order to
the Electricity Ombudsman within a period of 30
days from the date of the order
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Electricity Ombudsman
• Electricity Act, 2003, Section 42 (7)
 The Ombudsman shall settle the grievance of the consumer
within such time and in such manner as may be specified by the
State Commission.
• Any Complainant may prefer a representation before the
Ombudsman appointed/ designated by the Commission under
the following circumstances:
i. If the Complainant is aggrieved by the non-redressal of the
Grievance by the Forum within the period specified;
ii. If the Complainant is aggrieved with the order passed by the
Forum;
iii.Non-implementation of Forum’s order in specified time limit.
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Powers of Ombudsman
 The Electricity Ombudsman shall have the
following powers and duties.
 To receive the appeal petitions against the order of the consumer
grievance redressal forum and consider such complaints and
facilitate their satisfaction and meditation between a licensee and
the aggrieved parties or by passing an award in accordance with the
Act and Rules or Regulations made thereunder.
 On receipt of information from the Forum regarding noncompliance of the Forum’s order by Distribution Licensee, the
Ombudsman shall initiate proceedings for implementation of
Forum’s order by the Licensee.

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 disposal of a Representation within the said
period, the Ombudsman shall record reasons of such delay.
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Implementation of Ombudsman order
•
The Licensee shall duly comply with and implement the decision
of the Ombudsman within 30 days of issue of the Order.
• Non-compliance of Ombudsman’s Orders shall be in violation of
these Regulations and shall be liable for appropriate action by the
Commission under sections 142 and 146 read with section 149 of
the Act.
• The orders of the Ombudsman shall be final and binding on the
parties. No party can file an appeal before the Commission
against the order. However, the rights of Complainant and
Licensee to file an appeal before the judicial bodies (including but
not limited to the Appellate Tribunal for Electricity, Forums and
Commissions established under the Consumer Protection Act,
1986, High Court, Supreme Court, etc.) shall remain protected.
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CGRFs in Gujarat
8
CGRFs
• Dakshin Gujarat Vij Company Ltd.
• Madhya Gujarat Vij Company Ltd.
• Paschim Gujarat Vij Company Ltd. (Bhavnagar)
• Paschim Gujarat Vij Company Ltd. (Bhuj)
• Paschim Gujarat Vij Company Ltd. (Rajkot)
• Uttar Gujarat Vij Company Ltd.
• Torrent Power Ltd. (Ahmedabad)
• Torrent Power Ltd. (Surat)
Electricity Ombudsman
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Annual Performance Reports of CGRFs for the FY 2010-11
Forum Name
No. of
Grievances
Outstanding at
the Close of
Previous Year
No. of
Grievances
Received
during the
Year
No. of
Grievances
Disposed
during the
Year
No. of
Grievances
No. of Sittings
Pending at the of CGRF(s) in
Close of the
the Year
Year
UGVCL
6
115
110
11
17
MGVCL
1
90
81
10
18
DGVCL
3
80
77
6
19
PGVCL (Bhuj)
1
22
23
0
6
PGVCL
(Bhavnagar)
27
109
113
23
31
PGVCL (Rajkot)
7
308
308
7
14
TPL
(Ahmedabad)
3
50
49
4
45
TPL (Surat)
3
19
17
5
28
Total
51
793
778
66
178
32
Annual Performance Reports of CGRFs up to Q3 of FY 2011-12
Forum Name
No. of
Grievances
Outstanding at
the Close of
Previous Year
No. of
Grievances
Received
during the
Year
No. of
Grievances
Disposed
during the
Year
No. of
Grievances
No. of Sittings
Pending at the of CGRF(s) in
Close of the
the Year
Year
UGVCL
11
211
163
59
18
MGVCL
10
106
103
13
29
DGVCL
6
76
78
4
21
PGVCL (Bhuj)
0
8
7
1
8
PGVCL
(Bhavnagar)
23
125
106
42
18
PGVCL (Rajkot)
7
329
293
43
28
TPL
(Ahmedabad)
4
52
51
5
40
TPL (Surat)
5
8
13
0
19
Total
66
915
814
167
181
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No. of Grievances Disposed during the FY 2010-11
TPL (Surat), 17
TPL
(Ahmedabad), 49
UGVCL, 110
MGVCL, 81
DGVCL, 77
PGVCL (Rajkot),
308
PGVCL (Bhuj), 23
PGVCL
(Bhavnagar), 113
34
No. of Grievances Disposed up to Q3 of FY 20-12
TPL (Surat), 13
UGVCL, 163
TPL
(Ahmedabad), 51
MGVCL, 103
PGVCL
(Rajkot), 293
DGVCL, 78
PGVCL
(Bhavnagar), 106
PGVCL (Bhuj), 7
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 Smile at each other, smile at your wife, smile at
your husband, smile at your children, smile at each
other - it doesn't matter who it is - and that will
help you to grow up in greater love for each other.
- Mother Teresa
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Words of Wisdom
 We all agree that status quo is unsustainable
 “If you keep on doing what you have always done, you will
keep on getting what you have always got” think – change –
execute
 “Whatever the mind can conceive and believe, it can
achieve”
 “Transform your ‘critic’ into a ‘coach’
 “Do not give Reasons … Give Results”
 “Don’t be ahead of me, I may not follow,
Don’t be behind of me, I may not lead,
Be with me and we will walk together”
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QUESTIONS
38
THANK YOU
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