INTRODUCTION
Sometimes, consumers are dissatisfied with the quality of utility services or have problems with aspects of utility service provision, including billing.
The utilities have on some occasions responded commendably to complaints, but the general view is that consumer concerns and complaints are neither promptly nor adequately dealt with.
In order to obviate the problem, and in the discharge of its statutory responsibilities, the Public Utilities Regulatory Commission has issued regulations for the submission, hearing and determination of matters arising from the Public Utilities Regulatory Commission Act 1997, ACT 538.
The Regulations, known as the Public Utilities (Complaints Procedure) Regulations, 2000, LI 1665 came into force in January 2000 after the due Parliamentary process.
1. HOW TO COMPLAIN
Any person who has a complaint against a public utility may complain to PURC for redress. Notwithstanding this, consumers are encouraged to complain directly to the utility in the first instance. Where a complaint made directly to a utility is not satisfactorily dealt with, it may be re-directed to the PURC.
Filing of complaints with the Commission is governed by the following rules:
a) A complaint to the Commission may be written or oral.
b) A written complaint must be addressed to the Commission.
c) Where an oral complaint is made, or where the complainant cannot read or write, the complaint will be put into writing by an officer of the Commission designated to receive complaints. The complainant may also select a person of his choice to write down the complaint for him.
d) Where the complaint is written down by a person other than the complainant, it will be read over and explained to the complainant in a language that he understands, and there will be a declaration to that effect on the complaint.
e) The complainant must indicate that he understands what has been read over and explained before appending his signature or thumbprint to the complaint.
2. INFORMATION REQUIRED
A complaint lodged with the Commission must contain the following:
a) The full name, contact address and account number of the complainant.
b) The utility or person against whom the complaint is made.
c) Particulars of the nature of the complaint, together with copies of any document in support of the complaint.
d) The nature of the injustice or harm that the complainant has suffered as a result of the action, inaction or omission of the person or utility against whom the complaint is made.
e) The relief sought by the complainant.
f) Any other matter relevant to the complaint.
g) Where the person who lodges a complaint is acting on behalf of another person, company or organization, he must state in writing the capacity in which he is acting, and the reason for doing so.
3. HOW DOES PURC RESPOND TO A COMPLAINT?
When the Commission receives a complaint, a copy is forwarded to the utility providing the service, which must respond to the Commission within five days.
The Commission then conducts a preliminary inquiry into the complaint. If the Commission considers that the complaint can be resolved by mediation and settlement, it may invite officials of the utility company and the complainant for a resolution of the complaint.
If no agreement is reached, the Commission will conduct a formal hearing where both parties will be given the opportunity to state their case before a panel of at least three and not more than five persons representing the Commission.
A person appearing before the Commission may conduct his own case or be represented by legal counsel or other expert.
At the conclusion of the formal hearing, the panel will submit a full report to the Commission including its recommendations on how the complaint should be resolved. The Commission will then consider the panel’s report and give a ruling.
4. HOW DOES PURC ENFORCE ITS DECISIONS?
Under the PURC Act, 1997 (Act 538), the Commission may apply to
the High Court for the enforcement of its decisions or directions.
5. PAYMENT OF BILLS WHILE COMPLAINT IS BEING INVESTIGATED.
Generally, any undisputed portion of your bill must be paid; otherwise the utility may disconnect your service. However, you do not have to pay the disputed portion while your complaint is being investigated.
6. OFFENCES
a) Any person or public utility that obstructs or refuses to co-operate with the Commission or panel in the performance of its function commits an offence.
Penalty: Fine of ¢ 5 million or imprisonment for one year or both.
b) In the case of continuing offence:
Penalty: ¢ 100,000 for each day that the offence continues.
c) Where the offence is committed by a public utility which is a body corporate or by a partnership or other firm, every director or officer of that body corporate or any member of the partnership or firm or other person concerned with the management of the public utility shall also be guilty of an offence.
Penalty: Fine of ¢ 10 million for the offence and liability for payment of compensation for any damage resulting from the breach unless they prove to the satisfaction of the court that:
i) they exercised due care to secure compliance with the provisions of the Act; and
ii) the offence was committed without their knowledge, consent or connivance.
CONCLUSION
It is the expectation of the Commission that the utilities will improve efficiency and internal dispute resolution mechanisms to lessen the number of disputes that will necessitate PURC formal hearings. The Commission would like to enjoin both the utilities and customers to work with the Commission as partners in the implementation of these Regulations.
For further inquiries contact:
Executive Secretary
Public Utilities Regulatory Commission
P. O. Box CT 3095
Cantonments – Accra
Tel: (233 – 21) 225680
(233 – 21) 244181
Fax: (233 – 21) 244188
E-mail:purcsec@ghana.com
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