DERC Public hearing on 8.10.12

DERC Public Hearing

PUBLIC HEARING ON THE 8/10/12 FOR CONSUMER AND TARIFF HIKE

The Secretary

Delhi Electricity Regulatory Commission
Viniyamak Bhavan, C-Block
Shivalik, Malviya Nagar
New Delhi -110017

Sub: PUBLIC HEARING ON THE 8/10/12 FOR CONSUMER AND TARIFF HIKE

Dear Sir,

We would like to submit that since the Consumer is never considered as sovereign as in the rest of the Planet inhabited by Mankind and the Honourable DERC uses all the tools at its disposal to extort money under one garb or the other and thus under these circumstances there is no JUSTICE to us .

A) Consumer Grievousness and Redressal Regulations 2011:

We would like to humbly suggest the Consumer if not attended under the following is nothing but a MIRAGE thrown to the Public to complete your official requirements of the Public Notice so that you could press with your hidden agenda for the coterie who has to be benefited from this loot from the 1.5crore +( As per the CM media presentation some time back) resident of Union Of Delhi.

It is imperative that the Honourable Commission incorporate the following in their Policy first

Our Vision

Consumer Sovereignty.

Our Mission

To be an effective national coalition of consumer protection groups so as to provide thrust to common issues affecting consumers.

Aims & Objectives

• Influencing policies, legislation and administrative framework towards promoting consumer interests.
• Empowering consumer protection groups to work towards strengthening the civil society in the democratic system of the country.

One of the major concerns of CCC has been Good Governance. CCC had accordingly launched a National Campaign on Citizens’ Charter in July 1996 for implementing the principles of Transparency, Accountability, Standards of Service, Availability of Information and an Effective Grievance Redressal System in Public Service and has been continuing its pioneering work in this direction. In the process, CCC has been involved both in the drawing up of appropriate Citizens’ Charters for various organizations, as also in the evaluation of their implementation in the POWER SECTOR

Based on its own experience of over a decade of DERC and the experi­ence of its Member Organisa­tions, DERC should be strongly of the view that significant, sustainable and measurable achievement of its vision, mission and aims and objectives as indicated above, is possible only through an Institutional approach and not by mere funding of individual and sporadic stand alone projects.

DERC HAS TO FORM A CORE CENTRE to be set up with assistance by the Ministry of Consumer Affairs, POWER and CITIZENS who have been proactive in POWER, NGO, Federation etc as a CITIZEN CHARTER, LokPal etc Govern­ment of India, to provide a most scientific and effective system of collection and dissemi­nation of consumer related problems and issues and there solutions.

OBJECTIVES

The Objectives of the CORE Centre at DERC

• Development of Infor­mation gathering mechanisms on Consumer related issues.
• Dissemination of information on important Consumer Issues.
• Establishing a Research and Documentation Centre ( high­lighting the work of partner members) on various consu­mer issues.
• Providing Information and Analysis of Consumer related Laws and Judgments.
• To provide Online Support and pursue Consumer Com­plaints.

END USERS

CORE Center (DERC) would, intera­lia, comprise consumers of Goods & Services, Consumer Organiza­tions, Non-Government Orga­nizations (NGOs), Manufactures and Traders, Academicians, Practicing Advo­cates, Law Students, Para-legal working on various projects nationwide and also the various Ministries and Departments as well as Public Sector under­standings, Regula­tory Authorities and standards setting bodies.

The fundamental principle on which the project is founded is based on the premise that Information and Communi­cation Technologies (ICTs) can be effectively used for:

• Generating Awareness.
• Development of Consumer Rights.
• Focusing corporate attention as consumer needs, preferences and problems
• Orienting government func­tioning vis-à-vis Citizens, and
• Seeking enforcement of Citizen Charters focus as also – Policymakers, Legal profes­sionals, Consumer activists, Manu­facturing companies.

Business and Professionals (especially Doctors, Stock­brokers, Insurance and Travel agents) often feel the need to have easy access to consumer law specific information is domains where they practice or operate. This has meant that they are cons­tantly looking for a single resource which, while providing comprehensive access to content, would also provide initiative and dynamic know­ledge to the user, based on the inter-relationships of the content, the type of document and the source of information.

COMPONENTS

The CORE Centre comprises the following components

• Resource Centre
• Online Data­base/Portal
• Newsletter Ser­vice
• Network bet­ween Consu­mer Orga­nizations, Consu­mer Infor­ma­tion Centers, Govern­ment and Non-Government Orga­nizations
• Online Complaint Regis­tra­tion and mediation mecha­nism

The significant aims of the CORE Centre will be as follows-

(i) Creation of a Resource Centre

A comprehensive Resource Centre on Consumer issues would also take care of the research and information needs of parliamentarians, bureaucrats, scholars, academics and students. A comprehensive repository of information on Consumer wel­fare categorized and tagged in XML would bring about the versatility required for a database in a Resource Centre. The Resource Centre would only be accessible by paid subscribers.

(ii) Creation of Online Database/ Portal

CCC proposes the creation of an online database/ portal on consumer issues, as it believes that this would also significantly reduce the learning curve of consumers, activists and profes­sionals working in the field. This is vital since often the paralegals; activists and the staff of partner agencies have neither the time nor the resources to keep themselves updated on the latest developments in their area of work and interest. The access to the online portal would be free.

(iii) Newsletter Service

An external, independent newsletter service ensures that the detailed information in the Resource Centre and the Online Database are circu­lated to stakeholders in a regular, steady and comprehen­sive manner. If the newsletters are dispatched in electronic format, apart from the reduced costs, benefits of personalization is possible and will ensure that only focused and important information is dispatched to the subscribers as per the subscribers requirement.

(iv) Network between Consumer Organizations, Consumer Information Centers, Government & Non-Government Organizations

The CORE Centre would also serve as a network between Consu­mer Organizations, Consu­mer Information Centers, Govern­ment and Non-Govern­ment Organizations to ensure that an information flow is crea­ted for the benefit of the ultimate beneficiaries, i.e. the Consumers. The CORE Centre would make use of the latest ICT tools to also ensure that these organizations can exchange information on various consumer related issues and can keep abreast of any developments taking place in any part of the country.

(v) Online Complaint Registration And Mediation Mechanism

Creation of an Online Complaint Registration and Mediation Mecha­nism will ensure that the consumers can report their grie­vances online and experts in the field can advise them and channelise their complaints to a proper authority, for quick and effective disposal. The CORE Centre would also seek to provide redressal by directly taking up issues with manufacturers, or the providers of goods and service or other Government agencies and organizations

FUNDING

CCC should be funded by various funding by DERC and Ministry of Power and organizations for specific projects, which are generally not an ongoing activity spread over a period of time, or on a continuing basis. This lack of assured funds has resulted in an adhoc and piecemeal approach, which has not enabled CCC to develop an institutional approach and build up an infrastructure that is capable of becoming self-reliant over a period of time. Only such a self-reliant institutional structure can demonstrate sustained growth and measurable outputs.

2) Tariffs Hikes:

We would seek your guidance on the following:

-       Why is no power coming from NTPC Badarpur plant? If coming then at what price

-       Why is no power coming from Dadri Plant? If coming then at what price?

-       Why does Reliance or other Discom have to buy from Jindal Power at Rs.6/unit when power is available on the Power Exchange at Rs.4 approx.

-       If power from Generating sources viz. Badarpur & Dadri are available to us at Rs.2/unit which was anticipated by the Government it can be supplied at Rs.3/unit leaving a margin of 33% for the discoms.

Further the Discoms can charge higher amount for commercial & industrial users and charge lower for the individual users as organizations like DIAL, Hospitals etc. have already benefitted by government largesse.

Sir we are ready but only after CAG Audit till then NO TARIFF HIKE.

Kindly take this as an announcement of SATYAGRAHA for POORNA SWARAJ. We would not pay any BILLS after this unless the CAG is done Sir.

Now the decision is with the H'ble Commission what is best for all stakeholders.

Vande Matram!

Best regards

Anurag Kejriwal

Delhi State President & Member – National Steering Committee

Consumer Grievance Redressal Forum and Ombudsman, Regulation, 2012

The Secretary,
DERC, Viniyamaki Bhawan, C-Block,
Malvya Nagar,
New Delhi.

Subject: Objections/Comments - Consumer Grievance Redressal Forum and Ombudsman, Regulation, 2012 (Draft Regulation)

Madam,

We thankfully acknowledge the invitation by Commission on CGRF Regulations, 2012. Well at the outset I wish to submit that the Regulation 7 is in contradiction to the Section 45(2) of the Electricity Act, 2003 (As amended up-to-date) (hereinafter referred to as the Act.. Further, I as communicated earlier as to under exercise of which section of the Act, the hearing on Draft Regulations has been clubbed with Revision of Tariff Slab. DERC after pronouncing an order becomes functous officio after passing tariff determination order.  As such revision of slabs would not be review of Order but amendment of Tariff order, therefore, cannot exercise powers conferred to it under Section 94 of the Act.

Further, the Draft Regulation 7 is diametrically opposite to mandate of Section 61 of the Act as well as its working lacks transparency and also would fail to protect consumer’s interest as envisaged under section 61. By restricting the scope after excluding the issues covered under section 126, 135-to 139, 161 and section 161, the CGRF shall be reduced to a body to support all  the illegal actions committed by the DISCOMS and the consumer is left with no Grievance Redressal mechanism, which is contrary to the spirit of Act as well as the purpose for which the CGRF are created.

Without prejudice to the submissions made above, I wish to submit as under:-

A.        Composition of the Forum:

It is our experience that the members that are appointed are former employees of the erstwhile DVB or DISCOMS or Government employees who had been associated with the DOSCOMS. However, such members have their loyalties towards DISCOMS and do not serve the basic purpose for which they are appointed. Therefore, ex employees of erstwhile DVB or DISCOMS should not be appointed. Instead the CGRF should constitute members from Civil society and Ex-Servicemen.

B.        Delivery System and Time Frame: A time bound delivery system should be evolved to address the Grievances of Public. Procedural delays and complicated procedures coupled with multiple visits put mental and financial burden on consumers. The complaint handling procedure should simple without involvement of lawyers.

C.        Punitive Penalties on officials/DISCOMS: In the past it has been brought to our notice as well as pointed out by us and brought to the notice of Commission from time to time that frivolous cases are booked by the Enforcement teams and also the enforcement teams use coercive tactics to exaggerate claims and inflate the  recovery claims. This is primarily done extract money from the Consumers by indulging in underhand dealings and corruption.  Punitive Penalties should be imposed on officials and DISCOMS in for booking frivolous cases that are dropped. It has been noticed that DISCOMS slap notices of recoveries three to four times of the actual amount shown as recoverable leading to recovery of one third or one fourth of the amount of claim. This is an indicator of booking of frivolous cases leading to long delays. Therefore, the consumer should be compensated for trauma and the same be recovered from the salary of the official.

As communicated earlier the Commission should hold a Public Hearing exclusively for the Revision of Tariff schedule and also on Supply Code and Performance Standards as conveyed by the Commission during the Public hearing.

--

Anil Sood
Hony President - CHETNA

Member State Advisory Committee (DERC)

DERC Public Hearing on 8th October 2012

DERC Public hearing today !

महंगाई के विरोध में शाहदरा में पदयात्रा निकाली

नई दिल्ली। शाहदरा की आरडब्ल्यूए के संयुक्त तत्वावधान में शाहदरा क्षेत्र के निवासियों व व्यापारियों ने पदयात्रा कर डीजल व गैस के बढ़े हुए दामों के विरोध में अपना विरोध दर्ज किया। प्रदर्शन का संचालन शाहदरा आरडब्ल्यूए के महामंत्री राजेश अग्रवाल व धन्यवाद प्रस्ताव विपिन जैन ने किया।

पदयात्रा इंद्रा पार्प, ज्वाला नगर से होते हुए फर्श बाजार, अनाज मंडी, छोटा बाजार, बड़ा बाजार होते हुए बाबू राम स्कूल, भोलनाथ नगर पर समाप्त हुई। ऊर्जा पूर्वी दिल्ली के संयोजक आरके यादव ईस्ट दिल्ली ज्वाइंट फ्रंट के अध्यक्ष बीएस वोहरा आदि भी सैकड़ों निवासियों के साथ सम्मिलित थे।

 शाहदरा आरडब्ल्यूए के अध्यक्ष चौ राजपाल सिंह, ज्वाला नगर आरडब्ल्यूए के अध्यक्ष राजाराम झारखंडी आरडब्ल्यूए के अध्यक्ष दिनेश गुप्ता, मुकेश नगर आरडब्ल्यूए में संस्थान जयगोपाल गुप्ता, जय प्रकाश शर्मा, कृष्ण गोपाल शर्मा, चौ. सूबे सिंह, दिनेश सिंघल, संजीव गुप्ता, सुरेश गुप्ता, विशाल शर्मा आदि सभी उपस्थित रहे। आरडब्ल्यूए के पदाधिकारियों ने सरकार से अपील की है कि बढ़े हुए दाम डीजल के एवं गैस सिलेंडर की सीमा तत्काल प्रभाव से समाप्त करें।

with thanks : VeerArjun : Link

बिजली कंपनियों के खातों की हो सीएजी जांच : Amar Ujala

नई दिल्ली। बिजली कंपनियों के खातों की जांच कराने की मांग को लेकर ऑनलाइन सिग्नेचर कैंपेन चलाया गया है। बिजली दरों की बढ़ोतरी को गलत बताते हुए आरडब्ल्यूए ज्वाइंट फ्रंट ने इस मुहिम की शुरुआत की है। फ्रंट का कहना है कि जैसे ही सौ लोगों के ऑनलाइन सिग्नेचर मिल जाएंगे, हम उनकी प्रति व मांगों की सूची मुख्यमंत्री, प्रधानमंत्री व डीईआरसी के चेयरमैन को भेज देंगे। मुहिम में हिस्सा लेने के लिए www.awaz.org नाम से वेबसाइट बनाई गई है। वेबसाइट पर मांगों की जानकारी व सरकार के रुख के बारे में बताया गया है। अगर उपभोक्ता इससे सहमत है तो वह उसे पढ़कर अपना नाम व पता लिखकर सहमति जता सकता है। बाद में उन नामों की सूची मांगों के साथ भेजी जाएगी। 

ज्वाइंट फ्रंट के अध्यक्ष बीएस वोहरा ने बताया कि बिजली कंपनियां फायदे में है, इसके बावजूद बिजली के दाम बढ़ाकर उपभोक्ताओं पर भार डाला जा रहा है। सरकार ने खुद एक साल पहले कंपनियों के खाते की जांच के लिए कहा था। कोर्ट में भी यह दलील सरकार की ओर से रखी गई थी, लेकिन आज तक इसको लेकर कोई पहल नहीं की गई है। इसके उलट लगातार दाम बढ़ाए जाते रहे। सरकार से बिजली कंपनियों के खातों की जांच सीएजी से कराने के लिए हमने यह मुहिम शुरू की है। राहत भरे नए स्लैब को उपभोक्ता के साथ छलावा बताते हुए उन्होंने कहा कि इससे उपभोक्ताओं को महज 40 रुपये का फायदा होगा।

with thanks : Amar Ujaladated 7th Oct, 2012

The link of online petition can be viewed at
www.RWABhagidari.blogspot.in
 

Explanations sought by RWAs : URJA

Restructuring of the Tariff Slabs

Draft Delhi Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulation, 2011

Further, your Press Note is silent on the provision of Electricity Act, 2003 (as amended upto date) read with National Eletricity Policy, 2005 and National  Tariff Policy in exercise of which the said Press Note has been issued.

Therefore, the proposed public hearing for refixation of slabs is in contravention of sub section (4) pof section 62 of Electricity Act, 2003 as amended up to date that postulates as under:-

4) No tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be specified'

The Press Note also highlights the complete non application of mind by the Commission at the time of fixing tariff under which the slabs were revised.

As per Para 8.2.1 ofthe National tariff Policy it was obligatory on the part of the Commission to institute a system of independent scrutiny of financial and technical data submitted by the licensees.

Therefore, you are requested to please clarify in exercise of which power of any ofthe Act, Rules andPolicies  the Public Hearing for restructuring of the Tariff Slabs is being held.

Looking forward to hear from you.

Yours Truly

Anil Sood

Change of Tariff Slabs

The Secretary,

DERC, Viniyamaki Bhawan, C-Block,

Malvya Nagar,

New Delhi.

 

Subject: Change of Tariff Slabs ......... Rectifying a Mistake ....... in contravention of Section 62 of Electricity Act-2003.

 

Sir,

 

The proposed public hearing for refixation of slabs/tariff is in contravention of sub section (4) of section 62 of Electricity Act, 2003 as amended up to date that postulates as under:-

 

4) No tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be specified'

 

The Press Note also highlights the complete non application of mind by the Commission at the time of fixing tariff under which the slabs were revised.

 

As per Para 8.2.1 of the National Tariff Policy it was obligatory on the part of the Commission to institute a system of independent scrutiny of financial and technical data submitted by the licensees.

 

Therefore, you are requested to please clarify in exercise of which power of any of the Act, Rules and Policies the Public Hearing for restructuring of the Tariff Slabs is being held.

 

Further for your future reference I wish to Remind you of the Rationale for having a Slab System.

 

1. SLABS ARE FOR AVERAGING POWER PURCHASE COST:- Slabs were made to Average out the Power Purchase costs of DISCOMS ........ You may not be aware of the Fact .... but it is common Knowledge that Power Purchase Cost vary between Re. 1.08 per unit to as much as Rs. 6 per Unit or more.

 

2. 80% OF POWER PURCHASED IS FOR LESS THAN Rs. 2/- PER UNIT:- It is to be noted that 80% of the power purchased by DISCOMS is at under Rs. 2/- per  unit as per various credible sources and Power Exchange Data. It was for this Reason that we have been demanding in several DERC Public Hearings that DISCOMS be made to place on the website  on a WEEKLY BASIS total Power Purchased, What Price, what Quantity and what Source. Our information shows the expensive Power Purchased by DISCOMS during Peak Load is a mere 20% of total Power consumed in Delhi during Peak Summers and Winters.

 

3. PROTECT THE INTEREST OF PRUDENT RETAIL CUSTOMER:- Slab System was introduced not only to Average Out but also  to Protect the Interest of the Prudent/Conservative Small Retail Customer and to encourage and give incentives  to customers to stay within the lower slab to CONSERVE ENERGY.

 

4. ONE CITY - ONE TARIFF - ONE TREATMENT:- Slabs should be in tune to todays ground reality ...... last year we had demanded that Slab System of NDMC area be applied in the rest of Delhi as was the case during DVB Days. DERC to benifit the DISCOMS changed the Slab system of NDMC Area also, while NDMC never asked for any Tariff Revision as they were in Profits. What pressure was DERC working under and what Data was placed before it by NDMC that they took this decision of changing their slabs and Tariff or was it to deflect criticism on our demand for ONE CITY - ONE TARIFF which stands even TODAY.

 

5. WHY SHOULD CUSTOMER PAY FOR GOVERNMENT/DISCOMS APATHY :- Customers today have to shell out money for consuming upto 200 units per month just to overcome Governments and DISCOMS short comings. They are forced to use  Water Pumps to draw water that too in Peak Summer Months, RO System/Water Purifiers are needed all year round due to poor Quality of water, Mosquito repellents too need Power to run, Inverters and Voltage Stabilizers have to be installed and consume Power, night lamps and other lights are left on at night in the absence of Street Lights etc. DERC should have the first slab at 200 units @ Re. 1.25 per unit.

 

6. RIGHT TO EDUCATION - 100 UNITS FREE TO EVERY STUDENT: Today all the students use computers and to encourage a Knowledge Society this Welfare step must be taken and give relief to parents.

 

7. STOP SUBSIDISING THE POWER GUZZLERS AND CHARGE THEM COMMERCIAL RATES:- Fewer Slabs and at higher levels Penalize the Prudent and lower Consuming Customers and benefits the energy Guzzlers consuming over 1000 units. It is because of Energy Guzzlers that DISCOMS have to buy expensive Power during Peal Load periods. The current Tariff of Rs. 6.10 per unit in Slab of over 400 units should be raised to 700 units and the price lowered. Energy Guzzlers should be charged Commercial Rates of power for all units consumed beyond 1000 units ..... in the current system these high consumers are actually subsidised by the prudent customer.

 

8. SUGGESTED SLABS & TARIFFS TILL CAG AUDIT ESTABLISHES THE TRUE PICTURE:- Keeping NDMC structure of 2011 as Bench Mark till CAG Audit. New slabs/pricing ......  0  to 200 units @ Rs.1.25 per Unit. 201 to 300 units @  Rs. 2.10 per unit. Next 100 units @ Rs.3.00 per unit. Next 100 units @ Rs. 4.10 per unit. 500 to 700 units @ Rs. 5.15 per unit. 700 to 1000 units @ Rs.6.10. Beyond 1000 units should be charged Commercial Rates at highest slab to curb Extravagant use of Scarce Resource.

 

IT IS EXPRESSLY BROUGHT TO YOUR NOTICE THAT POWER TARIFFS HAVE BEEN CONSTANTLY FALLING SINCE 2009 ONWARDS AS THERE HAS BEEN A HUGE CAPACITY BUILDUP. DISCOMS HAVE NOT BEEN PRUDENT IN THEIR POWER PURCHASE AGREEMENTS AND HAVE BEEN INDULGING IN CARTALIZATION AND FAVOURING SISTER CONCERNS TO GIVE THEM WINDFALL PROFITS.

 

This is without prejudice to any other submission that may be submitted at the time of hearing.

 

Warm Regards,

 

sd/-

 

Rajiv Kakria