Between

Sri B.Sreenivasa Rao,

General Secretary, Consumer Assistance and Welfare Centre,

Reg. No. 98/91, 4/41, Brodipet,

Guntur

...…. Appellant

and

1.SE/Operations/SPDCL/Guntur

2.DE/Operations/SPDCL/Guntur

....... Respondents

This appeal (representation) dt. Nil and received on 29-04-06, is filed by Sri. B.Sreenivasa Rao, General Secretary, Consumers Assistance and Welfare Centre, (Regd No.98/91) Brodipet, Guntur (herein after called the Appellant) against the Order dt. 19-04-06 of the Forum for redressal of grievances of consumers, SPDCL, Tirupathi (here in after called the Forum) in C.G.No. 6 of 2006-07 (Guntur Circle). The appeal is against the rejection of the complaint by the FORUM.

2. As seen from a copy of the Order dt. 19-04-06 of the Forum enclosed to the appeal, it is observed that the Forum rejected this complaint on the premise that each individual consumer has to file the complaint as per clause 5 (7) of the APERC Regulation No.1 of 2004.

3. Before taking a view it is necessary to examine some of the relevant provision in the APERC Regulation No.1 of 2004 and the procedure to deal with the complaints approved by the Commission.

Provisions in the Regulation No.1 of 2004:

Clause 2(c):

“Complainant” shall include -

(i) A consumer as defined under clause (15) of section 2 of the Act;

(ii) An applicant for new connections;

(iii) Any registered consumer society; and

(iv) Any unregistered association of consumers, where the consumers have similar interest;

Clause 2(d):

“Complaint” means the letter or application filed with the Forum seeking redressal of grievances concerning the supply of electricity or the services rendered by the licensee.

Clause 2(f):

“Grievance” means a complaint filed by the affected consumer.

clause 5 (7):

The Forum shall receive the complaint of the consumer forwarded to or file with the Forum so long as such complaint is in writing and the Forum shall not insist or prescribe any format for filing of complaint or for entertaining it.

Provisions in the procedure to deal with complaints:

The clause 2.2 of the Procedure to deal with the complaints received by the Forum for redressal of grievances of consumers approved by the Commission in letter No S-325/05-01 dt 07-07-2005 states as follows

“In case of filing of complaint by an authorized agent / Consumer Association, authenticated authorization letter has to be filed along with the complaint.”

4. The provisions mentioned in para 3 above, entitle the Associations / registered societies of consumers to file complaint on behalf of the affected consumers, with the authenticated authorization letters of the affected consumers.

5. In view of the above, the observation of the FORUM that each individual consumer has to file a complaint before it is not in accordance with the Regulation and procedure approved by the Commission. If the complainant Sri. B.Sreenivasa Rao, General Secretary, Consumers Assistance Welfare Centre, (Regd. No. 98/91), Guntur, files authenticated authorization letters from each consumer to represent his grievance before the Forum, the FORUM has to take up the matter and decide the case on merits of each case.

7. Accordingly, the appeal is disposed off by remitting the matter back to the FORUM with a direction that the Appellant shall comply with the observations in para 5 above, and upon such compliance the Forum shall proceed and decide the matter in accordance with Law.

VIDYUT OMBUDSMAN

1.Sri B.Sreenivasa Rao,

General Secretary, Consumer Assistance and Welfare Centre,

Reg. No. 98/91, 4/41, Brodipet,

Guntur. - Appellant

2.SE (Operation)

SPDCL, 4/7, Brodipet,

Guntur – 522 002

3. DE(Operation)

SPDCL, Red Cross Building,

Guntur – 522 004 - Respondents

Copy to

The Chairperson,

Forum for redressal of grievances of consumers,

SPDCL, Tirupathi.