V I D Y U T O M B U D S M A N
O/o: the
Secretary, 4th & 5th Floors, Singereni Bhavan, Red
Hills, Hyderabad
C.G.No.63/2005 of W.G.District - Appeal against the order of Forum of redressal of Consumer grievances, EPDCL dated 03-01-2006 – Orders – Issued.
Present: S. Surya Prakasa Rao,
Vidyut Ombudsman
***
Sri NRK Nageswara Rao (S.C.No.1017), Jagannadhapuram, preferred an appeal (which is received in the office of Ombudsman on 22-02-2006), against the order dated 03-01-2006 of the Forum of redressal of grievances of Consumers, EPDCL, Visakhapatnam in C.G.No.63/2005, requesting for enhancement the amount of compensation awarded by the said Forum for issue of wrong bill and for delay in Notification of the same.
As per the guidelines notified by the Andhra Pradesh Electricity Regulatory Commission (Establishment of Forum and Vidyut Ombudsman for redressal of Grievances of Consumers) Regulation, 2004 (No.1 of 2004), there is no specific delegation of power either to the Forum or the Ombudsman to award compensation other than enforcing what is provided in Regulation No.7 of 2004. The Licensees are liable to pay compensation strictly in accordance with the provisions of this Regulation, at the scale mentioned in Schedule – II of the said Regulation. This liability is absolute and is not dependant on the award of any FORUM. The Licensees are required to pay compensation by giving credit in the CC bills of consumer, even without a claim from the consumer.
Thus, when the FORUM has no explicit power to award any compensation other than what is provided in Regulation No.7 of 2004, the question of considering any appeal by the Ombudsman on the quantum of compensation does not arise. The representation is therefore not fit for being considered by the Ombudsman and is rejected in terms of clause 9(2) of the Regulation No.1 of 2004.
VIDYUT OMBUDSMAN
To
Sri NRK Nageswara Rao, (S.C.No.1017), Jagannadhapuram,
Tadepalligudem Manda, W.G.District, Andhra Pradesh
The CMD, APEPDCL, VSP
The Chairperson, CGRF, EPDCL, VSP
All Chairpersons, CGRF, CPDCL/SPDCL/NPDCL
The Secretary, APERC