Introduction

Distribution of electricity is handled by authorized ‘licensees’ under the Electricity Act, 2003 (Hereinafter, ‘The Act’), who are responsible for facilitating supply to end consumers. All such licensees are obligated to maintain stipulated standards of performance and provide reasonable service to their consumers. In case any consumer is dissatisfied with the electricity service provided to him, he should approach the forum established by the local distributor of that area, before approaching any tribunal or court. This was reaffirmed in MERC v Reliance Energy Ltd and Ors[1], wherein Supreme Court stated a consumer must first make representation at the CGRF, before approaching tribunals and courts.

According to Section 42(5) of the Act, all distributors (public and private) are obligated to establish a forum to address consumer grievances. Such a forum is called the ‘Consumer Grievance Redressal Forum’ (CGRF) and aggrieved consumers can file their complaints at the nearest CGRF. Further, if consumers feel dissatisfied with the order of CGRF, they can approach the office of ‘The electricity Ombudsman’ with an appeal against CGRF’s order. Both these authorities are supposed to function under the control and supervision of the service provider (licensee) and work towards facilitating impartial and speedy redressal of consumer grievances.

Grievance Redressal under CGRF

A ‘complaint’ essentially means an allegation in writing made by a complainant (or his authorized representative) regarding the grievance.

Who can make complaints?

Any consumer(s), or an association of consumers (registered under the Companies Act, 2013) having a shared interest in the grievance can raise a complaint at the nearest CGRF of the local distributor. Furthermore, any applicant who has completed all procedural requirements for obtaining a new connection, but the same has not been accorded to him within the specified time frame, can raise a complaint for obtaining the said connection through an order of CGRF.

Complaints under CGRF

This part of the blog discusses what kind of complaints can and cannot be tried by CGRFs.

Non-Triable complaints

• Complaints arising out of the theft of electricity, or any other offence mentioned in Sections 135 to 139, 143, and 150 of the Act are not triable by CGRFs, as they come within the jurisdiction of ‘Special Courts.’
• Any complaint against an ‘assessment order’ made under Section 126 can only be appealed at the appellate authority established under Section 127, and not the CGRF.  

Triable complaints

• Any complaint regarding deficiency in electricity supply or service by the distributor is triable at CGRF. This can include the failure of the distributor to conform with the standards of performance of a licensee (which is specified by State Commissions).  
• Matters related to ‘billing’ can be tried by CGRFs. Any excessive charges (above and beyond what is specified by State Commissions) levied by the distributor upon consumers or association of consumers, must be rectified by CGRFs.
• Complaints can lie against a distributor if he is involved in offering services that can be hazardous to the life and safety of consumers.  
• Complaints can lie against breach of a tariff order, provisions relating to the safety of meters, disconnection, and realization of dues.
• Complaints can lie against any shortcomings in the standard of service provided by the distributor. This could involve the method, material, or equipment used to facilitate supply.
• Complaints can lie against interruption of power supply, voltage issues, metering problems (including shifting of meters), billing problems (charges/payments), disconnection/reconnection of power supply, new connections, notice of supply disruptions, etc.

The Forum: ‘Jurisdiction’ and ‘Procedure’ for Complaint

Every distributor is required to establish forums (CGRFs) in their area of distribution in such a manner that any consumer would not have to travel over 100kms to raise a complaint.  

Distributors are obligated to broadcast certain details like names of Members of the Forum, official addresses, telephone numbers, etc. before popular media from time to time. To familiarise consumers with the procedure for filing complaints, distributors are obligated to make available copies of the same to consumers free of cost. The easiest way for consumers to locate the nearest CGRF is to refer to the electricity bill issued by the distributor. The bill contains the address of the nearest CGRF.

In Uttar Pradesh, the distribution of electricity is majorly handled by 6 licensees having supply jurisdiction over different regions of the state. All licensees have established multiple units operating as CGRFs. Noida Power Corporation Limited (NPCL) is a distribution licensee authorized to supply power in Noida and has an established CGRF in Greater Noida. Further, Paschimanchal Vidyut Vitran Nigam Limited (PVVNL) is also responsible for distributing electricity in Noida, with its nearest CGRF located at Meerut. For more information regarding address and contact details, one may click here.

In Delhi, there are 4 CGRFs established by different distributors. A consumer can approach the respective CGRF of their distributor for redressal of the grievance. For more information on the contact details of CGRFs, one may click here.  

Procedure for Complaint

• A written complaint of the grievance is to be filed for admission at the respective (nearest) CGRF.
• Thereafter, CGRF sends a copy of the complaint to the distributor (within 3 working days) to enable the distributor to respond.
• The distributor is required to furnish a para-wise response to the complaint within 15 days of intimation from CGRF. Upon its failure to respond, CGRF can proceed on basis of material available on records.
• CGRF is required to inform the parties (in writing) about the ‘date of hearing,’ giving sufficient advance notice.
• Upon admission of complaint, CGRF must issue a notice of hearing and pass orders within 60 days of such admission.
• If any party fails to appear on the date of the hearing, CGRF can proceed, and issue orders based on available material.
• For effective redressal of grievance, CGRF has the power to call for any information or take evidence (oral or written) from either the consumer or the distributor. Then, CGRF makes an order which is recorded and communicated to parties for compliance.  
• Proceedings of CGRF are conducted by the Chairperson, in presence of its members.

Further, upon finding that the allegations mentioned in the complaint are true, CGRFs can order the distributors to redress such grievances mentioned in the complaint or pay such amounts as may be awarded as costs to the consumers.

Electricity Ombudsman

An appeal against an order of CGRF can lie before the electricity ‘Ombudsman.’ The office of electricity Ombudsman is established as per Section 42(6) of the Act, whereby any consumer aggrieved by non-redressal of grievance by CGRF’s order can make a representation before the office of Ombudsman. An Ombudsman is designated by the respective State Commission and is required to settle grievances within the stipulated time frame (specified by State Commissions). However, no appeal would lie before the ‘Ombudsman’ if the consumer has not made a representation before CGRF, and is aggrieved by the order.  

In Uttar Pradesh, a representation before the electricity ‘Ombudsman’ is to be made within 30 days of the passing of CGRF’s order. The office of the ‘ombudsman’ is located in Lucknow. The Ombudsman is required to hear appeals and settle the grievance within 30 days of receipt. If parties to the dispute agree, the Ombudsman can also facilitate redressal via mediation and conciliation.

Similarly, in Delhi, a representation before the electricity ‘Ombudsman’ is to be made within one month of the passing of CGRF’s order. Within 7 working days of receipt of representation, the Secretary to Ombudsman sends an acknowledgment to the complainant. Thereafter, the Ombudsman calls for records of representation from the concerned CGRF, who is then required to send entire records within 15 days of intimation. Representations of consumers who are senior citizens, widows, physically challenged, etc are given priority. The electricity Ombudsman is required to hear the matter and pass an order within 3 months of receipt.

“If consumers are further aggrieved by non-redressal of grievances, by both CGRF and Electricity Ombudsman, they can approach the tribunals (State Commissions) for redressal of grievance.”

Conclusion

For facilitating the redressal of consumer grievances broadly pertaining to standards of service maintainable by distributors, the Act provides for Forums (CGRFs) to reconcile such issues. This step had been taken with a view to reducing the burden on courts regarding electricity consumer complaints. The courts have observed that if each consumer grievance was to be settled by tribunals and courts, it would take a long time for redressal and thereby observed the importance of CGRFs, and the electricity Ombudsman established under the Act.

Therefore, it is trite to observe that though consumers can approach the tribunals and courts for grievance redressal, they must first make representations before the CGRFs and the Ombudsman to qualify for representation before tribunals and courts. CGRFs have been tasked with speedy and impartial redressal of grievances.