UPERC Regulations 12

Section 12 · Proceedings before the Electricity Ombudsman :

- 12.1 The Electricity Ombudsman -(i)maycall for records relating to the representation from the concerned Forum and the concerned Forum shall send the entire records within 7 days from the date of receipt of such notice to the office of the Electricity Ombudsman;(ii)ma determine the manner, the place, the date and the time of the hearing of the matter, as considered appropriate;(iii)sall hear the parties and may direct the parties to submit written submissions in the matter;(iv)ma pass interim order as deemed necessary;(v)shal pass a reasoned order for all his findings and award;(vi)shll pass an award as early as possible, preferably within three months from the date of receipt of the representation and where there is delay in disposal of a representation within the said period of three months, shall record reasons of such delay;,(vii)sall send a copy of the orders to the parties.

12.2

The Eltricity Ombusman may reject the representation at any stage if it appears to him that the representation is -

(i)

friolous, vexatious, mala fide;

(ii)

wihout any sufficient cause;

(iii)

nt being pursued by the consumer with reasonable diligence.

12.3The desion of the lectricity Ombudsman with regard to Regulation 12.2 shall be final and binding on the Consumer and the Distribution Licensee.

12.4The Eltricity Ombusman may endeavour to promote a settlement of the representation/complaint received through conciliation or mediation. To promote such a settlement, the Electricity Ombudsman may follow such procedures as he may consider appropriate in the interest of justice and he shall not be bound by any rule of evidence or procedure.

12.5If a rresentation s not settled by agreement within a period of one month from the date of its receipt or such further period as the Electricity Ombudsman may consider necessary', he may dispose of representation after affording the parties reasonable opportunity to present their case.

12.6The orr passed by he Electricity Ombudsman shall set out-

(i)

issewise decision;

(ii)

resons for passing the order; and

(iii)

drections, if any, to the Distribution Licensee/consumer.

12.7A copyf the order hall be sent to the Consumer and the Distribution Licensee named in the representation.

12.8The coumer or the istribution Licensee, aggrieved of the decision of the Ombudsman, may approach any Court or Tribunal having jurisdiction to, decide such grievance.

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