Electricity Ombudsman, Maharashtra: How to Appeal or File a Petition Before Electricity Ombudsman, MERC?

The Maharashtra Electricity Regulatory Commission (MERC) was formed by the State Government of Maharashtra under the Electricity Regulatory Commission Act, 1998. This law was replaced by the Electricity Act, 2003. According to this new act (under sub-section (1) of section 82), the State Electricity Regulatory Commissions (SERCs), like MERC, were recognized as the State Commission.

MERC has the authority to grant licenses or exemptions based on the recommendations of the Government of Maharashtra. The major licensees, under the purview of the Commission in Maharashtra, are:

• Maharashtra State Electricity Distribution Co. Ltd.
• Tata Power Company Ltd
• Adani Electricity Mumbai Limited
• BEST Undertaking

If your complaints to the Consumer Grievance Redressal Forum (CGRF) of Discoms are not resolved within 2 to 3 months or dissatisfied with the final decision, you can appeal to the Electricity Ombudsman, Maharashtra.

Further, you may file a petition to MERC to resolve your disputes with the licensees or for disputes between power transmission, distribution, or generation companies.

Electricity Ombudsman, Maharashtra

In Maharashtra, under the regulations set forth by the Maharashtra Electricity Regulatory Commission (MERC) by the Electricity Act of 2003, an Electricity Ombudsman has been appointed. According to the guidelines of MERC (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2020, the Electricity Ombudsman holds the authority to address cases that have not been resolved (within 60 days) by the Consumer Grievance Redressal Forum of electricity distribution companies in the state.

MERC has set up two offices of the Electricity Ombudsman for different zones to handle cases involving electricity distribution licensees.

1. Electricity Ombudsman, Mumbai:

2. Electricity Ombudsman, Nagpur:

Use the address of the Electricity Ombudsman of your Zone to file the petition or appeal against your electricity distributor company.

File a Petition to Ombudsman

You have the option to either write a formal representation letter following the given format or submit an online petition to the Electricity Ombudsman. This can be done to request relief or recover financial losses caused by unsatisfactory electricity services provided by the Electricity Board/Discom.

Petition Filing Fee & Resolution Period:

If you need assistance from a legal expert regarding this matter, please reach out to the Consumer Advocacy Cell of the Electricity Ombudsman, Maharashtra. This cell provides free legal advisory services for consumers and complainants.

Requirements

Mandatory Instructions:

• Filing Deadline: Submit your appeal within 60 days after the final decision of the Consumer Grievance Redressal Forum (CGRF) or if your grievance remains unresolved within the given time frame.
• Legal Status: Ensure your case is not pending in any court for acceptance.
• Previous Orders: Petitions won’t be accepted if an order has already been issued.
• Providing Details: Present sufficient reasons and supporting documents for your case.

Required documents to appeal:

• Application Form: Complete the case representation form.
• Copy of Initial Application: Include the copy of the application submitted to the CGRF office.
• Complaint Reference: Attach the complaint reference number/acknowledgement receipt.
• Connection Documents: Provide electricity connection documents or consumer ID.
• Nominee Information: Include nominee details with their signature (if required)
• Electricity Bill: Include the latest bill (for billing disputes)
• Additional Proof: Include any other documents supporting your case.

Procedure to Appeal (Online/Offline)

Follow the instructions to appeal before the Electricity Ombudsman using the physical representation form (offline method):

Step 1: Representation form (offline & online appeal)

• Offline – Obtain the petition/representation form here:
  • Download
• Online – Appeal online to the Ombudsman (EO):
  • E-Filing – Electricity Ombudsman, Mumbai
  • E-Hearing – Electricity Ombudsman, Nagpur

Step 2: Fill out these Form Details

• Subject: Clearly state the issue in the form or separately.
• Consumer Details: Include the consumer’s name, address, pin code, mobile number, and email.
• Distribution Licensee: Provide the name and address of the electricity provider for example MSEDCL, Tata Power, Adani Electricity Mumbai, BEST, etc.
• CGRF Decision: Note down the CGRF forum’s name and address where the final decision was made.
• Connection Details: Specify connection particulars and consumer number, detailing the nature of the connection.
• Grievance Submission Date: Mention the date of your grievance submission to the CGRF.
• Enclosures: Include a copy of the original grievance form you submitted.
• Subject Matter: Clearly outline the issue you’re representing, supported by facts.
• CGRF Decision (If Received): Include the final CGRF decision, stating reasons for your dissatisfaction.
• Relief Expectation: Specify the relief you seek from the Electricity Ombudsman (you may use an additional page).
• Monetary Loss: Mention any financial loss suffered and demand compensation if applicable.

Step 3: Declaration – Sign the declaration form and write your name in capital letters.

Step 4: Enclosed Documents – List all documents included with the application.

Step 5: Copies – Prepare three copies of all documents and the application form.

Step 6: Submit the application and documents to the relevant Electricity Ombudsman Office, either in person or by post/mail.

Step 7: If you have filled out the online representation form, then upload all documents in the supported format, for example, PDF, JPG, Word, etc.

You can use the provided email, phone number, and address of the Electricity Ombudsman to submit your representation form to the Registrar.

Tip: Keep a personal copy of all documents and applications for your future records.

If you are not satisfied with the final decision of the Electricity Ombudsman, you can approach the High Court of Maharashtra against the licensee.

E-Filing to MERC

If the dispute is between two licensees (for example, between distribution, transmission, or generation companies) or a group of people/individuals and companies, then file a petition to the Maharashtra Electricity Regulatory Commission. You can do this by e-filing (online) or submitting your petition offline to the Registrar at MERC.

Maharashtra Electricity Regulatory Commission, Maharashtra:

Procedure

File a petition on MERC’s e-filing portal:

• e-Filing form: File e-petition to MERC
• Login/Register: Visit the e-filing portal, register yourself, and log in with your credentials.
• Choose Type: Select representation type (Organization, Individual, Employee, or Advocate)
• Fill Details: Provide necessary information and upload required documents.
• Accept & Save: Agree to the terms, save the details, and note the reference number.
• Form: Complete the General Information Form, save, and note the reference number.
• Provide Details: Enter Respondent, Related Petitions, Identical Petitions, Asset Details, and upload required documents.
• Payment: Pay the petition fee online.
• Submission: Successfully submit the complaint and note the diary number.
• Confirmation: Await email notification. Print the submitted form and payment receipt for your records.

For more legal information, please contact your lawyer or the Advocacy Cell of MERC (a free legal advice service for the needy) and know the available legal remedies.

Note: Still, not satisfied? You can approach the appropriate authorities, like the Appellate Tribunal for Electricity (APTEL). Furthermore, you may take legal action by approaching the High Court and Supreme Court with the help of a legal expert.

Reference

• MERC (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2020 (merc.gov.in)
• MERC – Maharashtra Electricity Regulatory Commission