New Delhi, the 31st December, 2020
G.S.R. 818(E).—In exercise of the powers conferred by sub-section (1) read with clause (z) of sub-section (2) of section 176 of the Electricity Act, 2003 (Act 36 of 2003), the Central Government hereby makes the following rules, namely:-
(a) “Act” means the Electricity Act, 2003;
(b) “applicant” means an owner or occupier of any premises who files an application form with a distribution licensee for supply of electricity, increase or decrease in sanctioned load or contract demand, change in title or mutation of name, change in consumer category, disconnection or restoration of supply, or termination of agreement, shifting of connection or other services as the case may be, in accordance with the provisions of the Act, rules and regulations made thereunder;
(c) “application” means an application form complete in all respects in the appropriate format, as specified by the Commission, along with documents and other compliances;
(d) “billing cycle or billing period” means the period for which regular electricity bills as specified by the Commission, are issued for different categories of consumers by the distribution licensee;
(e) “Commission” means the State Electricity Regulatory Commission constituted under section 82 of the Act;
(f) “Consumer” means any person who is supplied with electricity for his own use by a distribution licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Electricity Act, 2003 or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a distribution licensee, the Government or such other person, as the case may be;
(g) “days” means clear working days;
(h) “disconnection” means the physical separation or remote disconnection of a consumer from the distribution system of the distribution licensee;
(i) “fixed charges” has the same meaning as per the provisions of the prevailing Tariff Order issued for the distribution licensee by the Commission;
(j) “maximum demand” means the highest load measured in average kVA or kW at the point of supply of a consumer during any consecutive period of thirty minutes or as specified by the Commission, during the billing period;
(k) “occupier” means the owner, tenant or person in occupation of the premises where electricity is used or proposed to be used;
(l) “point of supply” means the point, as may be specified by the State Commission, at which a consumer is supplied electricity;
(m) “prosumer” means a person who consumes electricity from the grid and can also inject electricity into the grid for distribution licensee, using same point of supply;
(n) “temporary connection” means an electricity connection required by a person for meeting his temporary needs such as-
(iii) for threshers or other such machinery excluding agriculture pump sets;
(iv) for touring cinemas, theatres, circuses, fairs, exhibitions, melas or congregations.
(o) “unauthorised use of electricity” has the meaning as assigned to it under section 126 of the Act.
(2) The words and expressions used and not defined in these rules but defined in the Act shall have the meanings assigned to them in the Act and in absence thereof, the meanings as commonly understood in the electricity supply industry.
given as part of identity proof under (1) above. For new connections beyond the specified load, and modification of existing connection, the Commission shall explicitly specify the documents required to be submitted with the application.
Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Commission.
(2) At the time of seeking a new connection the consumer shall have the option to -
(3) The distribution licensee shall ensure that tested and sealed meters of approved meter manufacturers are available to consumers for purchase and information of the places from where the consumers can purchase them is made available on its website.
(4) The meter shall be read at least once in every billing cycle in urban as well as rural areas by an authorised representative of the distribution licensee.
(5) In case of smart meters, the meters shall be read remotely at least once in every month and in case of other pre-payment meters, the meters shall be read by an authorised representative of the distribution licensee at least once in every three months. The data regarding energy consumption shall be made available to the consumer, through website or mobile App or SMS, etc. Consumers having smart pre-payment meters may also be given the data access for checking their consumption on real time basis.
(6) For post payment meters, if the meter is inaccessible to the meter reader on two consecutive meter reading dates, the consumer shall have the option to send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through e-mail. In such a case, distribution licensee may not send any notice or provisional bill to the consumer
(7) Testing of meters shall be done by the distribution licensee within a period as may be specified by the Commission, not exceeding thirty days, of receipt of the complaint from the consumer about their meter readings not being commensurate with his consumption of electricity, stoppage of meter, damage to the seal, burning or damage of the meter, etc.
(8) No test fee shall be charged from the consumer at the time of reporting if the meter is found to be defective or burnt due to reasons attributable to the consumer, the consumer shall bear the cost of new meter and test fee shall be charged from the consumer through subsequent bills.
(9) The distribution licensee shall give a copy of the meter test report to the consumer duly signed by both the distribution licensee or their authorised representatives and the consumer, and retain one such copy as acknowledgment. The distribution licensee shall communicate the date and time for such test to the consumer and convey the said consumer to present at the site for testing. However, if the consumer chooses not to be present at the site for testing, the distribution licensee will carry out such testing and shall give the copy of the meter test report to the consumer for signing.
(10) In case, during testing, the meter is found to be inaccurate, the excess or deficit charges shall be adjusted in the subsequent bills as specified by the Commission.
(11) If a consumer disputes the results of testing, the meter shall be tested at a third party testing facility selected by the consumer from the list of third party testing agencies approved by the Commission. If it is successfully established that the results of this test are contrary to the results of the test performed by the distribution licensee, then the cost of undertaking such test shall be borne by the distribution licensee. However, in case it is established that the results of this test are same as the results of the test performed by the distribution licensee in sub-rule (7), then the cost of undertaking such test shall be borne by the Consumer. The meter test results and the meter data shall be issued to the consumer after such test has been completed and the said results are final and binding on both the consumer and the distribution licensee.
(12) The list of third party agencies approved by the Commission shall be available in their various offices as well as on the website of the distribution licensee.
(13) Replacement of defective or burnt or stolen meters shall be done,-
(14) Non-availability of meter shall not be a reason for delay in restoration of supply.
(15) If the meter is installed outside the consumer's premises, distribution licensee shall be responsible for safe custody of the meter, and if the same is installed within the consumer's premises, the consumer shall be responsible for the safe custody of meter.
(2) The distribution licensee shall prepare the bill for every billing cycle based on actual meter reading, except where pre-payment meters are installed, and the bill shall be delivered to the consumer by hand or post or courier or e-mail or any other electronic mode at least ten days prior to the due date of payment.
(3) In case of non-receipt of original bill, the consumer shall be entitled to get a duplicate copy of the bill and shall also have the option to deposit self-assessed bill as per the procedure approved by the Commission:
Provided that the excess or deficit payment, as the case may be in case of self-assessment, shall be adjusted in the next bill or bills, as the case may be.
7. Method of payment of Bills .- (1) Consumer shall have the option to pay bills online or offline.
(2) Bill amount of more than one thousand rupees or an amount specified by the Commission shall mandatorily be paid online. Commission shall specify a suitable incentive or rebate for payment through online system.
(3) For bill amounts less than or equal to one thousand rupees consumer may pay the bill through cash or cheque or demand draft or electronic clearing system at designated counters of a bank or through credit or debit cards or online payment through distribution licensees' web portal or any digital mode of payment and any change or further addition in the mode of payment shall be more user friendly for the consumers than the prevailing system.
(4) The distribution licensee shall establish online portal as well as sufficient number of collection centres or drop boxes at suitable locations with necessary facilities, where consumer can deposit the bill amount with ease.
8. Advance payment of bills.- (1) In case of post payment meters, when a domestic consumer gives prior information in writing about his continued absence from residence, the distribution licensee shall not send any notice or provisional bill to the consumer provided that the consumer pays the fixed charges for such period in advance and his supply line shall not be disconnected.
(2) Interest shall be paid on advance amount paid under sub-rule (1), at such rate as may be decided by the Commission.
9. Disconnection and reconnection .- (1) (a) In case a consumer desires that his meter to be permanently disconnected, he shall apply for the same to the distribution licensee and the licensee shall arrange for a special meter reading and prepare a final bill.
(b) The disconnection shall be done immediately after payment of the final bill. The balance amount due to any consumption between the final reading and the permanent disconnection, if any, may be adjusted
against the security amount with the distribution licensee. The remaining security deposit shall be refunded to the consumer within such period as specified by the Commission, not exceeding seven days.
10. Reliability of supply.- (1) The distribution licensee shall supply 24x7 power to all consumers. However, the Commission may specify lower hours of supply for some categories of consumers like agriculture.
11. Consumer as prosumer.-(1) While the prosumers will maintain consumer status and have the same rights as the general consumer, they will also have right to set up Renewable Energy (RE) generation unit including roof top solar photovoltaic (PV) systems – either by himself or through a service provider.
(2) Renewable Energy (RE) generation unit may also be set up on other part of the premises of the prosumers, apart from the roof, however the total generation capacity of the RE unit shall not exceed the limit as specified by the Commission.
(3) The Commission shall lay down regulations on Grid Interactive Roof top Solar PV system and its related matters with timelines of not exceeding six months from the date of notification of these rules, in case the same has not been notified.
(4) The regulations on Grid Interactive Roof top Solar PV system and its related matters shall provide for net metering for loads up to ten kW and for gross metering for loads above ten kW.
(5) The distribution licensee shall facilitate the process for setting up of RE generation system at prosumers' premises. In this regard, the licensee shall-
(vii) financial incentives to the prosumers, as applicable under various schemes and programmes of the Central and State Governments;
(6) The distribution licensee shall ensure that-
(7) The technical feasibility study shall be completed within the time period specified by the Commission, not exceeding twenty days and the outcome of the study shall be intimated to the applicant.
(8) During the time period from the feasibility study till the completion of installation, in case, there is any requirement of upgradation of distribution infrastructure like augmentation of service line, distribution transformer capacity, etc., for installation of the required capacity of solar PV system, the same shall be carried out by the distribution licensee or consumer, as the case may be.
(9) After installation of solar PV system, the consumer shall submit the installation certificate to the distribution licensee. The licensee shall complete signing of connection agreement, installation of meter and successful commissioning of the solar PV system within the timelines specified by the Commission which shall not be more than thirty days from the date of submission of the installation certificate. Formats of contract agreement and installation certificate shall be placed on web-portal of the distribution licensee.
(10) Consumer shall have the option of purchasing the requisite meter himself which shall be tested and installed by the distribution licensee.
(11) The timelines as specified by the Commission shall be adhered to by the distribution licensee. In case of delay, the licensee may take approval from the Commission in specific cases along with justification for the same.
(12) In case of any delay on the part of distribution licensee without any just cause, the Licensee shall be liable to pay compensation to the consumer at a rate which shall not be less than five hundred rupees per day for each day of default.
(13) The energy generated by prosumer shall be adjusted against energy consumed or the bill amount, depending on whether net metering or gross metering is applicable.
(14) The distribution licensee shall pass on the financial incentives to the prosumers, as may be provided under various schemes and programmes of the Central and State Governments.
12. Standards of performance .- (1) The Commission shall notify the standards of performance for the distribution licensees as per sub-section (1) of section 57 of the Act and in consonance with the rules or regulations made thereunder.
(2) The Commission shall determine the compensation amount to be paid to the consumers by the distribution licensees for violation of standards of performance as per sub-section (2) of Section 57 of the Act.
13. Compensation mechanism .- (1) Consumer shall be automatically compensated for those parameters which can be monitored remotely when it can be successfully established that there is a default in performance of the distribution licensee.
(2) The Commission shall notify regulations for establishment of mechanism, by the distribution licensee, for automatic payment of compensation amount determined under the provisions of sub-section (2) of section 57 of the Act within six months from the notification of these rules.
(3) The Commission shall oversee that the distribution licensee designs and maintains its distribution system in such a way that there is a gradual increase in the list of parameters, which can be monitored remotely and for which automatic compensation can be made to the consumer.
(4) The standards of performance for which the compensation is required to be paid by the distribution licensee include, but are not limited to, the following, namely:-
14. Call Centre for Consumer Services .- (1) For providing common services like new connection, disconnection, reconnection, shifting of connection, change in name and particulars, load change, replacement of meter, no supply, the distribution licensee shall establish a centralised 24x7 toll-free call centre with effect from such date as may be specified by the Commission.
(2) While other modes to provide services like paper application, email, mobile, website, etc., may continue, the licensees shall endeavour to provide all services through a common Customer Relation Manager (CRM) System to get a unified view of all the services requested, attended and pending, at the backend for better monitoring and analytics.
(3) The CRM shall have facilities for sms,email alerts, notifications to consumers and officers for events like receipt of application, completion of service, change in status of application, etc; online status tracking and auto escalation to higher level, if services are not provided within the specified time period.
15. Grievance redressal mechanism .- (1) The distribution licensee shall establish Consumer Grievance Redressal Forum (CGRF) under sub-section (5) of section 42 of the Act at different levels to cater the needs of the sub- division, division, circle, zone, company level. The forum shall be headed by an officer of the licensee of appropriate seniority. The forum shall consist of officers of the licensee and have not more than four members as consumer and prosumer representatives. The Appropriate Commission shall nominate one independent member who is familiar with the consumer affairs. The forum may be assigned different types of grievances depending on the nature of the grievance and the level at which it can be best resolved.
Provided that the manner of appointment and the qualification and experience of the persons to be appointed as member of the forum and the procedure of dealing with the grievances of the consumers by the Forum and other similar matters would be as per the guidelines specified by the Commission.
(2) The licensee shall specify the time within which various types of grievances by the different levels of the forums are to be resolved. Normally, a grievance shall be decided within a period of thirty days and in any case not exceeding forty five days from the date of receipt of such grievance. The consumer aggrieved by the decision of sub-divisional or divisional or circle forum will have the option to approach the company level forum before making an appeal to the Ombudsman.
(2) The distribution licensee shall provide all services such as application submission, payment of bills, etc., to senior citizens at their door-steps.
(e) Whenever the existing meters are to be replaced by any new technology meters, the distribution licensee shall take adequate measures to create consumer awareness regarding the advantages of such replacement. Distribution licensee shall issue a public notice in at least four daily newspapers. Such information shall also be displayed in conspicuous manner on the distribution licensee's website and the distribution licensee shall indicate the area wise schedule of dates for replacement of such meter.
[F. No. 23/05/2020-R&R]
GHANSHYAM PRASAD, Jt. Secy.