Rajasekhar Mantha, J. - (1.) A Common question is raised by the West Bengal Electricity Distribution Company Limited (WBSEDCL) in these batch of writ petitions challenging the Constitutional vires of the West Bengal Electricity Regulatory Commission (Standard of Performance of Licensees Relating to Consumer Services) Regulation, 2010 (2010 Regulation) introduced by Notification 46 dated 31st May 2010.
(2.) The WBSEDCL, a distribution Company under the Electricity Act 2003, (2003 Act) challenges the legality of Regulation 14(1), 14(2), 14(3), 14(4) and 14(5) in the aforesaid 2010 Regulations. The said regulations have been framed by the West Bengal Electricity Regulation Commission (Commission) in exercise of powers conferred under Section 181 SubSection 2 Clause (za) and (zb) read with Section 57(1) and 59(1) of the Electricity Act, 2003. The said regulations were published in the Kolkata Gazette on the 31st May, 2010 vide Notification No. 46. The said Regulations are set out herein below. 14.0 Enforcement Mechanism: 14.1 Every licensee shall register every complaint regarding failure to maintain the standards of performance specified in these regulations and preferred by the consumers / intending consumers affected for the said failure. The licensee shall also communicate a complaint number with date to the consumer/ intending consumer who prefers such complaint as soon as possible, but not later than 7 working days from the date of receipt of the complaint. Moreover, the licensee shall inform the consumers/ intending consumer immediately regarding the action taken by the licensee to mitigate the problem/ grievance of the consumers/ intending consumer. For this purpose the licensees shall maintain all necessary records consisting of all essential information regarding the consumer/ intending consumer concerned, the nature of his complaint and the necessary details of the latter. 14.2 Any consumer/ intending consumer who is affected by any failure of a licensee to meet the standards of performance, specified in these regulations, may submit a complaint to the Grievance Redressal Officer concerned of the licensee in the matter of the said failure of performance excluding the cases under sections 126, 127, 135, 136, 137, 138 and 139 of the Act. A consumer / an intending consumer may also submit an application to the Grievance Redressal Officer concerned of the licensee claiming compensation for such failure to perform and also for delay in reconnection with reference to the time limits specified in the Supply Code or order of any competent court of law or competent authority or for wrongful disconnection including disconnection under section 135 of the Act if it was wrongful. The Grievance Redressal Officer after receiving such complaint shall dispose of the same as per Regulations made under sub-sections (5) and (7) of section 42 of the Act. 14.3 If the affected consumer/ intending consumer is not satisfied with the order of the Grievance Redressal Officer or does not receive any order from that Grievance Redressal Officer whom he has approached within the time specified in Regulations made under sub-sections (5) and (7) of section 42 of the Act, he may submit a written representation to the Ombudsman for settlement / redressal of his grievance and / or payment of compensation which the licensee is liable to pay to the affected consumer/ intending consumer for failure to meet the standards of performance in terms of these regulations. The working procedure for submitting such representation will be as per the regulations made under subsections (5) and (7) of section 42 of the Act. 14.4 The Ombudsman shall accept such representation and after giving reasonable opportunity to both parties of being heard pass reasoned and speaking settlement order in the matter of the grievance of consumer or affected consumer/ intending consumer and / or payment of compensation which the licensee is to pay to the affected consumer/ intending consumer in terms of these regulations. The working procedure for disposal of such representation will be as per Regulations made under sub-sections (5) and (7) of section 42 of the Act. 14.5 The licensee shall pay the compensation in cash / cheque / demand draft in favour of the affected consumer/ intending consumer as per order of the Grievance Redressal Officer or the order of the Ombudsman, as the case may be, within a period of thirty days from the date of such order. When such payment is made as per order of the Ombudsman the licensee shall send a report of compliance to the Ombudsman within 15 days from the date of compliance. In case of possible delay in complying with the order of Ombudsman, the licensee shall seek permission of the Ombudsman before expiry of thirty days.
(3.) By a Notification No. 56, dated 26th August, 2013, in purported exercise of powers under Section 181(1) and Section 181(2) Clause (za) and (zb) read with Section 57 Sub-Section 1 and 2 and Section 59 SubSection 1 and Section 97 of the Electricity Act, 2003, the WBERC framed and introduced the West Bengal Electricity Regulation Commission (Guidelines for Establishment of Forum for Redressal of Grievances of Consumers and Time and manner of Dealing with such Grievances by the Ombudsman) Regulations 2013. The relevant portions of the said Regulations are set out herein below :- 3.5 The grievance redressal offices should be headed by appropriately high-ranking officers of the distribution licensee not below the rank of an Executive Engineer, having suitable supervisory roles in running of the organisation. If in the organisation of any distribution licensee, there is no equivalence between the officers it decides to deploy as GRO and the foregoing general description of such officers as Executive Engineers, the said distribution licensee may, with the prior approval of the Commission deploy officers of its choice as GRO at different levels in its organisation. 4 Functions of the Grievance Redressal Officers: 4.1 The functions of the GRO at the level of subdistricts/districts/regions/zones consist of receiving petitions from consumers stating their respective grievances; acknowledging them in writing; consulting superior technical experts, if called for, holding spot inspections, if considered necessary; and hearing the complainants; redressal of such grievances within specific time limits as laid down in this set of Regulations, within the framework of the Electricity Act, 2003, and the Rules of Regulations made thereunder; passing reasoned and speaking orders towards the aforesaid goal stating clearly about redressal of the grievance and awarding of compensation, if any, separately; communicating such orders to the petitioner; maintaining an account of grievance petitions received, disposed of, etc.; submission of reports, returns, statistics as may be asked for by the corporate head quarters; and any other duty in relation to redressal of consumers grievances as may be assigned to them by the higher authorities. 4.2 The CGRO(s) at the corporate headquarters shall have all the responsibilities of the GRO at the sub-district/ district /region/zone levels in redressing the grievances of consumers. In addition, any one of them specifically identified by the management of each of the distribution licensees shall work as the clearing house of all consumers grievances pertaining to that distribution licensee as a whole. In that capacity, he shall be responsible for maintenance and collection of all statistics, reports, returns, etc. from all other GRO, including other CGRO, preparation of all reports, returns, etc. in this behalf for the distribution licensee as a whole, submission of such reports, returns, etc. to the Commission and/or any other superior authority, corresponding with all concerned including the Ombudsman in the matter of consumers grievances, keeping track of individual consumer s grievances that might have been forwarded to the GRO at the subdistricts/districts/regions/zones etc. from the corporate headquarters, etc. 4.3 The Ombudsman shall dispose of all the consumers grievances on getting representation from the aggrieved consumers against any order of any GRO/CGRO, irrespective of whether the latter is functioning at the corporate level or a district, sub-district, region or zone level. 5 Dissemination of Information about the Forum for Redressal of Greivances: 5.1 A gist of the grievance redressal procedure and the names as also the official designations of the GRO, CGRO(s) and of the Ombudsman, along with their full office addresses, telephone numbers, FAX numbers, e-mail addresses, working day period, etc. should be prominently displayed along with format at Annexure-I: a) near the main entrance of the office of the distribution licensee, b) near the main entrance of the sub-offices of the distribution licensee, c) at the bill Payment Halls/Centres of the distribution licensee, d) in the website of the distribution licensee. 5.2 In every bill, it shall be notified specifically that grievance redressal procedure and other details as mentioned in the regulation 5.1 above, will be available at the locations as specified in regulation 5.1 (a) to (d) above. 5.3 Any change in the above mentioned particulars relating to the GRO and/or CGRO(s) and/or Ombudsman should lead immediately to the necessary corrections/updating of the notice board/display board and website mentioned above. 5.4 The distribution licensee shall bring to the notice of its consumers all the above mentioned particulars through an advertisement in at least three widely circulated newspapers one of which shall be in Bengali and another in local language, in January of every year indicating that the information mentioned in regulation 5.1 are available at the locations as specified in regulation 5.1. 7.3 If a grievance, in the considered opinion of the GRO needs either a consultation with a technical expert belonging to the organisation of the licensee, or a spot inspection, or both, the GRO, shall after holding the said consultation and/or the spot inspection and after giving a reasonable opportunity of hearing to both parties, prepare a draft settlement order with analysis of the grievance redressed and details of the compensation, if any, awarded, in writing within a reasonable time, with direction to submit the view of both the parties on the draft order within a period of time to be fixed by the GRO. In this context, the views shall be provided by the licensee through any concerned officer in relation to the grievance other than GRO or CGRO. 7.3.1 On receiving the views on the draft order as referred to in regulation 7.3, if submitted within the limit time by the parties or any of the parties within the time limit, the GRO shall fix up a date giving opportunity of further hearing to both the parties following which he shall pass a reasoned and speaking final order analysing the grievance that has been redressed and compensation, if any, awarded in details in writing disposing of the grievance petition within 60 (sixty) working days from the date of sending the acknowledgement to the petitioner. In case of receiving no view of the draft order as referred to in the regulation 7.3, the GRO based on the draft order and without any further hearing shall pass the reasoned and speaking final order analyzing the grievance that has been redressed and compensation, if any, awarded in details in writing disposing of the grievance petition within 60 (sixty) working days from the date of sending the acknowledgement to the petitioner. 10.3 The Ombudsman shall call for a report with all the relevant details from the concerned distribution licensee on sending to the latter, a copy of the grievance representation/complaint, under intimation to the aggrieved consumer. The Ombudsman shall fix a time limit, to be decided upon by the Ombudsman, by which time, the distribution licensee shall submit the report. The distribution licensee shall be asked to send a copy of the report to the aggrieved consumer/complaint. 10.4 After perusal of the available records in the form of the grievance petition along with its enclosures, if any, and the report of the distribution licensee with its enclosures, if any, the Ombudsman shall after giving a reasonable opportunity of hearing to both parties, prepare a draft settlement order in details and in writing in connection with only the disputed part of the grievance, on which the GRO s and CGRO s order and/or award of compensation and/or penalty, if any has been challenged by the aggrieved consumer, within a reasonable time with direction to submit the views of both the parties on the draft order within a period of time to be fixed by the Ombudsman. ;