Court : Supreme Court of India
Reported in : AIR2008SC976; 2007(4)AWC3662(SC); 2008(1)BomCR738; JT2007(10)SC365; 2007(10)SCALE279; (2007)8SCC381
..... forum/ombudsman have been created the consumers can only resort to these bodies for redressal of their grievances. therefore, not much is required to be discussed on this issue. as the aforesaid ..... 132 (2006) dlt 339 (db) and dheeraj singh v. bses yamuna power ltd. and we approved of these decisions. it has been held in these decisions that the forum and ombudsman have power to grant interim orders. thus a complete machinery has been provided in section 42(5) and 42(6) for redressal of grievances of individual consumers. hence wherever a ..... no jurisdiction in the matter in view of section 42 of the act and, that the consumer should approach the consumer grievance redressal forum and thereafter if still aggrieved, the ombudsman created under the act for redressal of their grievances. the commission over-ruled this objection by making a reference to some decision of the bombay high court and proceeded to ..... companies can approach the appropriate forum constituted under section 42(5) of the act and, if still not satisfied, with the order passed by the appropriate forum to approach the ombudsman under section 42(6) of the act. accordingly, we hold that while the commission had a power to issue general directions to prevent harassment to the public at large by .....Tag this Judgment!
Court : Kerala
Reported in : AIR2010Ker39
..... consumers can only resort to these bodies for redressal of their grievances.5. under regulation 7 of the kerala state electricity regulatory commission (consumer grievance redressal forum and electricity ombudsman) regulations, 2005, the forum shall take up any types of grievances/complaints as defined in regulation 2(1)(f). regulation 2(1)(f) reads thus:2. definitions ..... state electricity regulatory commission (consumer grievance redressal forum and electricity ombudsman) regulations, 2005 taking into account the need for safeguarding the right and interest of consumers. regulation 7 of it deals with the kinds of grievances that can be taken ..... accordance with the guidelines as specified by the state commission. section 42(6) any consumer aggrieved by the non-redressal of grievances under sub-section (5) may approach the ombudsman. in exercise of power conferred under section 181(1), 2(r), (s) & (zp) of electricity act, 2003, kerala state electricity regulatory commission framed 'the kerala ..... re-classification from lt via to lt viia. according to the petitioners, under regulation 7 of the kerala state electricity regulatory commission (consumer grievance redressal forum and electricity ombudsman) regulations, 2005, a consumer has a right to approach the consumer grievance redressal forum against tariff classification. but they are prevented from approaching the forum in view .....Tag this Judgment!
Court : Delhi
Reported in : AIR2007Delhi161; 2007(94)DRJ695
..... (5) of the act, the delhi electricity regulatory commission(derc) has framed the delhi electricity regulatory commission (guidelines for establishment of forum for redressal of grievances of the consumers and ombudsman) regulations 2003 (`regulations'). clause 3(f) of the regulations defines a `complaint' thus:'(f) 'complaint' means any grievance in writing made by a complainant that--(i) an unfair trade practice .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(3)AWC2784
..... non-redressal of his grievances by consumer grievance redressal forum on a representation made by such consumer within thirty days of the receipt thereof:provided that an electricity ombudsman shall not hear any matter, which pertains to matters mentioned in regulation 5.1.(b) receive representations against the order of the consumer grievance redressal forum and ..... where forum has failed to redress the grievance within the specified period or distribution licensee is aggrieved by the order of the forum, a representation to the 'electricity ombudsman'. clause (it) provides for such representation by consumer or his authorised representative or by distribution licensee within 30 days of the order. such representation cannot be made under ..... acts of public officials ; (2) one that investigates reported complaints (as from students or consumers), reports findings, and helps to achieve equitable settlements. the blacks law dictionary defines 'ombudsman' as : '(a)n official appointed to receive, investigate, and report on private citizen's complaints about the government. a similar appointee is a non-governmental organization (such as ..... managing director petitioner no. 1 and 'he executive engineer, electricity distribution division, fatehpur-petitioner no. 2 have filed this writ petition to set aside an award of the 'electricity ombudsman' made under section 42(7) of (the) electricity act, 2003.3. shri gopal krishan gupta, managing director of m/s. shyam ferrous ltd., fatehpur (the unit) .....Tag this Judgment!
Court : Kerala
Reported in : 100CompCas624(Ker)
..... subject to the credit decision of the commercial banks concerned and this office will not intervene in such matters. as per clause 13(b) of the banking ombudsman scheme, banking ombudsman's authority concerning complaints on loans and advances will include only complaints regarding non-observance of rbi directives on interest rates, delay in sanction/non-observance of time ..... . clause 16 provides that any person who has a grievance against the bank may himself or through an authorised representative make a complaint in writing to the banking ombudsman within whose jurisdiction the branch or office of the bank complained against is located. the complaint shall be in writing duly signed by the complainant or his authorised ..... and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or award in accordance with this scheme. 13. specific ambit of authortiy.-as regards banking services, the banking ombudsman's authority will include : (a) all complaints concerning deficiency in service such as : (i) non-payment/inordinate delay in the payment or collection of cheques, drafts/bills, etc. ..... is stated that the reserve bank being satisfied that it is necessary in public interest and in the interest of banking policy to provide for a system of banking ombudsman for redressal of grievances against deficiency in banking services, concerning loans and advances and other specified matters, directed commercial banks and scheduled primary co-operative banks to comply .....Tag this Judgment!
Court : Kerala
Reported in : 2004(2)KLT621
..... under section 271o the legislature ordained that the complaints pending before lok ayuktha relating to public servants or 'local self government institutions' shall 'be transferred to the ombudsman and the ombudsman shall decide the case in accordance with the provisions of this act'.10. on an examination of the provisions it is evident that the legislative intent was to ..... is the intended purpose, it cannot be defeated by limiting the scope of the statute. it needs to be given a liberal interpretation. resultantly, the contention that the ombudsman has no jurisdiction over the corporation cannot be sustained.17. in this context, it deserves mention that the panchayats and municipalities are institutions for local self government. they are ..... local self government. similarly, corruption and maladministration took within its ambit the acts of all the persons who are connected with the institutions. even the functions of the ombudsman were defined. a specific provision was made in section 271. it was empowered to 'enquire into any complaint in which corruption or maladministration of a public servant or ..... consists of sections 271 f to 271 r. section 271 g provides that 'there shall be an authority for local self government institutions, at state level known as ombudsman for making investigations and inquiries, in respect of charges on any action including corruption or maladministration or irregularities in the discharge of administrative functions, in accordance with the provisions .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 117CompCas201(AP)
..... merely because the petitioner might be deprived of any other remedy on the ground of limitation, this court cannot refrain from deciding the issue of jurisdiction of the banking ombudsman to entertain the complaint by the landlord for payment of interest which was wholly without jurisdiction. an order passed by an authority without jurisdiction renders itself void and ..... by agreement, by making a recommendation, or award in accordance with this scheme. 13. specific ambit of authority.--as regards banking services, the banking ombudsman's authority will include : (a) all complaints concerning deficiency in service such as,-- (i) non-payment/inordinate delay in the payment or collection of cheques/drafts/bills, etc. ; ..... at this juncture, i may briefly notice the salient features of the scheme. it is necessary to extract paragraphs 12, 13 and 14.salient features :12. general.--the banking ombudsman's powers and duties will be,-- (a) to receive complaints relating to the provision of banking services ; (b) to consider such complaints and facilitate their satisfaction, or settlement ..... under section 35 or 21 of the act. he is also required to issue directions to banks, based on those directions/circulars and ensure their compliance. the learned ombudsman could not have ignored the circulars and directions while dealing with the complaint filed by the respondent. the impugned award having been made ignoring various circulars/directions issued .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2008(5)MPHT343
..... redressal of his grievance. the authority/court considering the grievance of the petitioner shall also not been influenced with the finding of the insurance ombudsman and will pass a proper order/judgment on the basis of appreciation of evidence adduced before the court/authority while dealing with the case of ..... on it was insured by the petitioner with the respondent no. 2 insurance company.6. insurance ombudsman madhya pradesh and chhattisgarh is appointed under the redressal of public grievances rules, 1998. rules 16 and 17 of the rules reads as under:16 ..... the vehicle was done by mr. sudhindra gupta, surveyor. however, the surveyor later on has denied the issuance of such report. the insurance ombudsman madhya pradesh and chhattisgarh on the basis of reply filed by the insurance company given a finding that the tractor was stolen first and later ..... by the police and the case was closed by the police treating it to be true case but undetected case of theft. the insurance ombudsman madhya pradesh and chhattisgarh has observed in the impugned order that the complainant has obtained insurance cover from gwalior though the tractor was usually ..... petitioner.3. respondent no. 2 insurance company has filed return and it has been stated on affidavit that the award passed by the insurance ombudsman madhya pradesh & chhattisgarh is not binding upon the complainant (petitioner) and the petitioner is always having a remedy to take recourse of law .....Tag this Judgment!
Court : Chennai
..... of such complaint. 11. reckoning the facts, circumstances and the law involved as discussed above, i am of the considered opinion that the ombudsman did not have any power to entertain the complaint preferred by the 2nd respondent and therefore ext.p3 order passed cannot be sustained under law. ..... petition under section 82 and 83 of the act. 13(f) one requiring consideration of elaborate documentary and oral evidence and the proceedings before the ombudsman or ombudsmen, as the case may be, are not appropriate for adjudication of such complaint. 7. therefore, on a reading of said provisions of ..... , the 2nd respondent. true, under section 69a, ombudsman is provided with power for redressing all complaints relating to deficiency in banking or other services rendered by the co-operative societies dealing with banking ..... and documents on record. respective counsel have reiterated their contentions based on their pleadings. 6. the prime question to be considered is whether the ombudsman is vested with power under section 69a of the act and the scheme to consider the dispute by and between the bank and its employee namely ..... filed by the petitioner co-operative bank seeking to quash ext.p3 order passed by the 1st respondent by exercising the powers conferred to the ombudsman under section 69 a of the kerala co-operative societies act, hereinafter called the act , by which the petitioner was directed to return .....Tag this Judgment!
Court : Chennai
Reported in : 55SCL73(Mad)
..... objection or reply received from the bank and getting remarks of the petitioner or reply thereon and affording opportunity of hearing or calling upon the petitioner to come before the ombudsman and substantiate its grievance or complaint. therefore the impugned order is also violative of principles of natural justice. in all determination, even in respect of complaints, where certain ..... the petitioner to substantiate its complaint or without hearing the petitioner after communicating the objections or remarks of the bank is also fatal. the decision making process adopted by the ombudsman cannot be sustained at all. the respondent had failed to follow even the minimum procedure.17. in style (dress land) v. union territory, chandigarh, : air1999sc3678 , the apex court ..... scheme prescribes the ambit of the authority and power of the said authority. the said clause 13 reads thus:-'13. specific ambit of authority: as regards banking services, the banking ombudsman's authority will include:- (a) all complaints concerning deficiency in service such as:- i) non-payment/inordinate delay in the payment of collection of cheques, drafts/bills etc., ii ..... a bank before the first respondent. clause 17 enables the first respondent to call for information. clause 12 and 13 provides as to the powers of the banking ombudsman as well as its duties which include the statutory obligation/duty to receive complaints relating to the provision of banking services as well as to consider such complaints and .....Tag this Judgment!