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HIMACHAL PRADESH ELECTRICITY REGULATORY
COMMISSION
(2)
The compensation
mentioned
against each item in Schedule-I is payable to the affected person
without establishing the violation of the standard and
loss/damage suffered on account of failure of the
distribution licensee to meet the guaranteed
standards of performance and is without prejudice to any penalty
which may be imposed or prosecution initiated against the
distribution licensee by the Commission.
(3)
Notwithstanding the
compensation payable under sub-regulation (1), the affected person
may initiate proceedings before
the Commission for determination of the compensation for
violation of the standard and
loss/ damage suffered consequent of failure of the
distribution licensee
to meet the guaranteed
standards
of performance.
Provided that the
Commission before awarding the compensation
shall give a reasonable opportunity of
being heard to the distribution licensee and the affected persons
and shall take into account the compensation already paid by the
distribution licensee under sub-regulation (i)
(4)
The distribution licensee shall
pay-
i)
the compensation mentioned in sub-regulation(i),
within thirty days of the failure of the distribution licensee to
meet the guaranteed standards of performance and
ii)
the compensation determined by the
Commission under sub-regulation(3), within ninety days of such
determination; either through adjustment against existing, current
and/ or future bills for supply of electricity and the distribution
license shall duly reflect the said payment/adjustment in the
quarterly and the consolidated annual report to be submitted by him
under regulation-9.
(5)
The Commission may demand such additional
information, evidence and summon records, logged data from the
distribution licensee and/or affected persons for determination of
compensation. The distribution licensee on demand shall furnish such
information and records
to the Commission supported through an affidavit.
(6)
The Licensee shall maintain the record of
compensation payable under sub-regulation (1) showing the name,
consumer number and address of the affected person, amount of
compensation payable and actually paid, mode of adjustment of
compensation in bill as per sub-regulation (2) in each case. The
liability of compensation under sub-regulation (1) shall be
applicable from the first day of the month subsequent to the month
in which these regulations come into effect.
(7)
Compensation paid by the
distribution licensee,
which is attributed to negligence, inefficiency and for not
exercising reasonable care and diligence by its employees as may be
determined by the Commission would not be allowed as pass-through in
ARR of the distribution licensee.
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Pages)******Ministry of Consumer
Affairs (GOI) website******
http://www.fcamin.nic.in
email :nationalconsumer.helpline@gmail.com
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