1. Compliance
with Licensee's Code of Practice
-
Any person or
organization wishing to submit his grievance to
the Commission should in the first instance
have submitted his grievance to the Licensee in
accordance with the Licensee's approved grievance
handling procedure and should have exhausted the
Licensee's grievance handling process.
-
The Commission
will take cognizance of the grievance if the consumer
is not satisfied with the final response of the
Licensee or if the consumer feels that the Licensee
has delayed in addressing the consumers grievance
beyond three months.
- If the Commission does not take cognizance
of the grievance, it shall inform stating reasons
for doing so.
2. Grievance Filing
- Every grievance to the Commission
must be submitted in writing to the Public Affairs
Officer, stating:
- The name of the individual
or organization, address and telephone number
(if any) of the Complainant;
- The name of the Licensee;
- A full description of the matter
which is the source of the grievance, including
copies of any relevant & supporting document;
- If known, specific references
to any law, licence condition, Regulation, Code,
or Standard alleged to have been violated;
- Written proof that the Complainant
had submitted the grievance to the Licensee
and has exhausted its grievance procedure;
- Relief sought; and
- An authenticated copy of any
response from the Licensee.
3. Commission
Procedure
-
Action by the Public
Affairs Officer / Commission Secretary
- Within 3 days of receipt of
a consumer grievance, the Public Affairs Officer
shall send an acknowledgement. Grievances, which
fulfill conditions in para 1 above, will be
registered and serially numbered, e.g. C.C.
No.1/99, 2/99 and so on. A copy of the grievance
shall be forwarded under the signature of the
Commission Secretary within 5 days of receipt
to the Licensee to offer parawise comments and
such other information as may be necessary to
dispose of the grievance effectively and adequately.
- Within 14 days from the date
of receipt, the Licensee shall submit its parawise
comments and such other information to the Commission
on the grievance, failing which it will be deemed
that the Licensee has no comments to offer and
a decision shall be taken by the Commission
as deemed fit and proper unless the time for
such a response is extended in writing by the
Commission.
- The period prescribed for submission
of the parawise comments shall not be ordinarily
extended by the Commission's Secretary unless
a specific prayer is made on valid and cogent
ground to that effect by the Chief Executive
of the Licensee and the Commission approves
of the same.
- On receipt of the parawise
comments, the Case file shall be processed within
7 days. Views of pisional head such as Engineering,
Tariff and Law shall be obtained, if necessary.
- Should a rejoinder from the
Complainant be considered absolutely necessary
for a just decision of the consumer grievance,
the same may be obtained under the order of
the Commission.
- The Commission will pass an
order as deemed fit and proper taking into consideration
the grievance, the parawise report and such
other information supplied by the Licensee and
documents, if any, filed by the parties. The
final decision on the grievance shall not be
delayed beyond one and half months in any event.
- In cases where the Commission
considers it appropriate to undertake and discharge
the matter through hearing of the affected parties,
procedures as laid down in Chapter-II of the
Regulations, 1996 shall apply.
- The order passed under para
6 shall be implemented by the Licensee within
15 days of the date of receipt of the order.
- The Licensee shall report compliance
to the Commission within 3 days of implementation
of the order.
- Failure to implement the order
of the Commission makes the Licensee liable
to action under Sections 30, 31 and 41 of the
OER Act, 1995.
- It shall be necessary for the
Commission's Secretary to obtain the consent
of the party who filed the grievance before
initiating a proceeding under Chapter II of
the OERC (Conduct of Business) Regulations,
1996.
4. Monitoring
of Complaints Brought to the Commission
- The Commission will keep a record
of consumer grievances brought to it and the results
thereof relating to each Licensee.
- The Commission may arrange for
publication of this data.
- The Commission may take notice
of its record of consumer grievances in any proceeding
including but not limited to proceedings relating
to licences and tariffs.
[ N.B. Please note
that this practice direction is meant for internal administration
of the Commission and is not enforceable in any court
or forum] |