Ombudsman

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• A
• PresentationonAppointments, Functions and
  Duties of Ombudsman in the Licensing Process
• -Abhimanyu Bhise
• Iliyas Ali

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CONTENTS

• Introduction
• Definitions and Interpretations
• Appointments of Ombudsman
• Functions and Duties of the Ombudsman
• Guidelines for settlement of disputes by the
  Electricity Ombudsman
• Precautions for the ombudsman

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INTRODUCTION

• An ombudsman is a person who acts as a trusted
  intermediary between an organization and some
  internal or external constituency
• usually appointed by the government or by
  parliament

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Ombudsman In India

• In India, the Ombudsman is more commonly known as
  the Lokpal or Lokayukta .
• The Government of India has designated several
  ombudsmen for the redress of grievances and
  complaints from individuals in the various fields.

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Ombudsman in various sectors

• Electricitiy Ombudsman
• Insurance ombudsman
• Banking ombudsman
• Income tax ombudsman
• Anti corruption ombudsman

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Electricitiy Ombudsman

• It is an authority appointed or designated by
  the Commission, under Regulation 3 of sub-section
  (6) of section 42 in Electricity Act 2003.

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Definitions and Interpretations

• Act means the Electricity Act, 2003
• Appointed Date means 10th June 2003
• Award means an award passed by the Ombudsman in
  accordance with the regulations.
• Commission means the State Electricity Regulatory
  Commission.

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• Distribution Licensee means a licensee authorized
  to operate and maintain a distribution system for
  supplying electricity to the consumers in the
  concerned area of supply
• Electricity Service includes the services of
  supply, billing, metering maintenance of
  electrical energy to the consumer

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• Grievance shall mean a grievance of the Consumer
  arising out of the failure of the Licensee to
  register or redress a Complaint
• Forum means the forum for redressal of grievances
  of the consumers constituted by the Licensee in
  terms of sub-section (5) of section 42 of the Act

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Appointments of Ombudsman

• The Commission may from time to time appoint or
  otherwise designate one or more persons as
  Ombudsman under sub-section (7) of section 42 of
  the act
• The appointment or designation of the person(s)
  as the Ombudsman shall be made for a period not
  exceeding three (3) years.

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• The Commission may appoint or designate
• (i) An Ombudsman separately for the area of
  
• supply of each licensee or
• (ii) A common Ombudsman for two or more
• areas of supply of licensees or
• (iii) More than one Ombudsman for the area
• of supply of any licensee.

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Functions and Duties of the Ombudsman

• They are committed to achieving redress for the
  individual and seek changes in the work of the
  bodies in their jurisdiction, both individually
  and collectively.
• They can generally undertake a single
  investigation into multiple complaints about the
  same topic, thus avoiding duplication and
  excessive cost.

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• They normally ask the body concerned and the
  complainant to try to resolve complaints before
  commencing an investigation.
• They usually seek to resolve disputes without
  resort to formal investigations where this is
  possible and desirable.
• They are neutral arbiters and not advocates nor
  consumer champions.

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Guidelines for settlement of disputes by the
Electricity Ombudsman

• The stay shall be granted by the Electricity
  Ombudsman on the merit of the case which shall be
  confirmed after giving an opportunity to the
  Licensee of being heard
• The Electricity Ombudsman shall first conduct
  conciliation proceedings to settle the matter and
  award the decision accordingly.

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• Where the representation is not settled by
  conciliation, the Electricity Ombudsman shall
  decide the matter on the pleadings and hearing
  the parties, indicating nature of relief
  including monetary compensation, if any.
• The Electricity Ombudsman shall decide the matter
  within 3 months of registering the

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Precautions for the ombudsman

•  The ombudsman should not defer matters directly
  to Grievance Tribunal unless you feel there is a
  violation of public trust
• The ombudsman should not disclose communications
  to 3rd parties Process is CONFIDENTIAL
• The ombudsman should not put anything in writing
  i.e. bond making .

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• THANK YOU