| Appeals Process - Consumer Relations Department | ||||
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The Consumer Relations Unit (CRU) is the investigative arm of the Office of Utilities Regulation (OUR) charged with providing an avenue of appeal through a thorough, objective and transparent process. The activities of utility companies are guided by ?terms and conditions? embedded in their licenses and/or Act. There are occasions, however, when consumers feel that a particular action(s) of a utility company might have been in breach of the utility?s ?terms and conditions? or might have been unfair to them. In such circumstances, the OUR is an avenue for appeal in having any such wrong investigated.? Prior to referring a matter to the OUR, consumers are expected to first discuss the complaint, or issues giving rise to the complaint, with the respective utility company, by contacting the relevant branch office or utility head office and speaking with a customer service representative or a senior officer. The hearing of grievances by utility companies is a consumer right and the companies are obliged to review such matters with the aim of having them addressed or clarified. If, for whatever reason, a complaint cannot be resolved with a utility company within a reasonable time (30 business days) dependent on the concern, e.g. health and safety issues, the matter may then be referred to the OUR through the Consumer Relations Unit (CRU), for review. CRU receives contacts from consumers via fax, complaint/comment forms, e-mail, local post, telephone and in person. Consumers who visit the OUR to present a matter on appeal are encouraged to schedule an appointment; however, impromptu visits will be accommodated.?? Upon visiting the OUR, a Consumer Relations Officer is assigned to interview that customer.? CRU is staffed by a Manager - Consumer Relations, a Consumer Analyst and a number of Consumer Relations Officers led a supervisor. When a matter is referred to CRU, consumers are required to provide certain basic information such as the specifics of the complaint and why they were not satisfied with the way in which the utility company handled the matter. The provision of all relevant documentation and any related correspondence between the consumer and the utility company will assist the OUR in making timely assessments and case determinations.? Consumer contacts to the OUR are classified as Enquiries, Opinions, Referrals or Appeals. Enquiries are any consumer contact requiring verification/confirmation of any information relating to a utility service, utility service provider and/or practice, etc. Opinions are any contact expressing a view about the actions, practice or terms of service, etc. of a utility service provider. A Referral is any consumer contact who has been advised by the OUR to consult the relevant utility company because they had not sufficiently utilized the company?s complaints procedure prior to presenting the matter to the OUR. In this case, the referral is usually to a Senior Officer/Manager at the utility company who would have the necessary authority to resolve the matter in a timely manner. Appeals involve any consumer contact expressing dissatisfaction in how a matter in relation to the terms and conditions of service, practice or action of a utility service provider or its employees was dealt with, after utilizing the provider?s complaints process. Appeals are thoroughly investigated by CRU. Firstly, the consumer is advised by way of an Acknowledgment letter that such a matter has been accepted for review and that the OUR will endeavour to complete its investigation within forty (40) business days. In the event that an investigation is likely to go beyond this time period, the consumer is advised accordingly by way of an Extension letter that the appeal is still being investigated. An explanation is usually provided as to why the investigation is likely to be extended beyond the 40 day period.?? In addition a Case letter is prepared and sent to a senior manager of the relevant utility by the Consumer Relations Officer assigned to investigate the appeal. This Case Letter outlines the customer?s grievance, as well as advises the utility to respond and address particular issues especially if a breach of the utility?s ?terms and conditions? might have occurred. Utility companies have five (5) business days to acknowledge receipt of a Case Letter and thirty (30) business days to respond to the matter in writing. This response would either justify the utility?s position in the matter or acknowledge and explain what negligence led to the customer?s complaint and what measures had been effected to remedy the matter. In circumstances where a utility service provider justifies its position in a complaint, it is required that all documentation which informed the company?s position including, for example, system reports, be provided to OUR. It is Important to note also that the utility company is often required to provide an explanation as to why the customer?s complaint had not been addressed when it was first brought to its attention by the customer prior to it being referred to the OUR. Depending on the nature of the complaint, a site inspection/visit might be carried out by the Consumer Relations Officer to obtain further information. The next stage of the investigation involves objective evaluation and analyses by the CRU of all information provided and relevant to the appeal. This will often times entail co-operation with other departments within the OUR, such as the Legal and Policy & Regulation Departments. Once this analysis is complete, CRU then takes a final position in the matter. If CRU makes a determination that the customer had legitimate grounds for appeal and was in fact aggrieved by a utility service provider, then possible sanctions and remedies would be identified and applied in the particular case. If the utility service provider?s actions were considered appropriate or accurate, then the consumer is advised accordingly. In all cases once an investigation is complete both the consumer and the utility service provider are advised of the OUR?s position in the matter. If, for whatever reason, the consumer is dissatisfied with the final outcome, s/he may further appeal to the Director ? Consumer & Public Affairs, who will review the matter.?? If the consumer is still dissatisfied with the results of this review s/he may then appeal to the Director General of the OUR (provided s/he can provide new information on the matter that was not previously considered and which may materially affect the previous determination) or pursue the matter in the courts. The OUR has agreed quality of service standards with both the National Water Commission (NWC) and the Jamaica Public Service Company Limited (JPS). These standards are embodied in Guaranteed Standards for JPS and NWC. Once a utility service provider is in breach of any of these standards, consumers are encouraged to claim direct compensation from the utility.? Currently compensation is in the form of a credit adjustment to the customer?s account for each breach, which if delayed can accumulate. The time period within which JPS and NWC has to compensate a customer for a breach is thirty (30) business days. The OUR publishes a quarterly report on the performance of the various utility companies based on the various types of complaints that it receives. Although guided by a formal appeals process, CRU is not constrained by that process to resolve matters which come to it for review. CRU has the flexibility in procedure to pursue alternative courses of action, which it feels appropriate to the circumstance and case. For example, a slightly different approach might be used in the investigation of issues that involve health and safety and where collaboration or assistance from other government entities might be required. Additionally, CRU might facilitate meetings between the customer and the relevant utility to discuss and resolve the matter. Where a matter is outside the OUR?s legal jurisdiction, the customer will be informed accordingly and the relevant government entity likely advised of the matter. |