24. Board to settle disputes.—(1) Save as otherwise provided for arbitration in the relevant
agreements between entities or between an entity or any other person, as the case may be, if any dispute
arises, in respect of matters referred to in sub-section (2) among entities or between an entity and any
other person, such dispute shall be decided by a Bench consisting of the Member (Legal) and one or more
members nominated by the Chairperson:
Provided that if the members of the Bench differ on any point or points, they shall state the point or
points on which they differ and refer the same to a member other than a member of the Bench for hearing
on such point or points and such point or points shall be decided according to the opinion of that member.
(2) The Bench constituted under sub-section (1) shall exercise, on and from the appointed day, all
such jurisdiction, powers and authority as were exercisable by a civil court on any matter relating to—
(a) refining, processing, storage, transportation and distribution of petroleum, petroleum products
and natural gas by the entities;
(b) marketing and sale of petroleum, petroleum products and natural gas including the quality of
service and security of supply to the consumers by the entities; and
(c) registration or authorisation issued by the Board under section 15 or section 19.
(3) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the Board
shall have the power to decide matters referred to in sub-section (2) on or after the appointed day.
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25. Filing of complaints.—(1) A complaint may be filed before the Board by any person in respect
of matters relating to entities or between entities on any matter arising out of the provisions of this Act:
Provided that the complaints of individual consumers maintainable before a consumer disputes
redressal forum under the Consumer Protection Act, 1986 (68 of 1986) shall not be taken up by the Board
but shall be heard and disposed of by such forum.
Explanation.—For the purposes of this sub-section, the expression “consumer disputes redressal
forum” shall mean the district forum, State Commission or, the National Commission, as the case may be,
constituted under the provisions of the Consumer Protection Act, 1986 (68 of 1986).
(2) Every complaint made under sub-section (1) shall be filed within sixty days from the date on
which any act or conduct constituting a contravention took place and shall be in such form and shall be
accompanied by such fee as may be provided by regulations:
Provided that the Board may entertain a complaint after the expiry of the said period if it is satisfied
that there was sufficient cause for not filing the complaint within that period.
(3) On receipt of a complaint under sub-section (1), the Board shall decide within thirty days whether
there is a prima facie case against the entity or entities concerned and may either conduct enquiry on its
own or refer the matter for investigation under this Chapter, to an Investigating Officer having
jurisdiction; and, where the matter is referred to such Investigating Officer, on receipt of a report from
such Investigating Officer, the Board may, hear and dispose of the complaint as a dispute if it falls under
sub-section (2) of section 27 and in any other case, it may pass such orders and issue such directions as it
deems fit.
(4) Where the Central Government considers that a matter arising out of the provisions of this Act is
required to be investigated, it shall make a reference to the Board and the provisions of this Act shall
apply as if such reference were a complaint made to the Board.
26. Power to investigate.—(1) For the purposes of provisions of section 25, the Board shall, subject
to the provisions of sub-section (3), appoint by general or special order, an officer of the Board as an
Investigating Officer for holding an investigation in the manner provided by regulations:
Provided that where the Board considers it necessary that the matter should be investigated by any
investigating agency of the State or Central Government including the special police force constituted
under section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), the Board may request
the concerned Government for directing or authorising such agency to investigate and the agency so
directed or authorised shall, then, be competent to exercise the powers and to discharge the duties of an
Investigating Officer under this Act.
(2) No person shall be appointed as an Investigating Officer unless he possesses such qualifications
and experience as may be determined by the Board by regulations.
(3) Where more than one Investigating Officer is appointed, the Board shall specify, by order, the
matters and the local limits of jurisdiction with respect to which each such officer shall exercise his
jurisdiction.
27. Factors to be taken into account by the Board.—The Board shall, while deciding a dispute
under this Chapter, have due regard to the provisions of this Act and to the following factors, namely:—
(a) the amount of disproportionate gain made or unfair advantage derived, wherever quantifiable,
as a result of the default;
(b) the amount of loss caused to an entity as a result of the default;
(c) the repetitive nature of the default.
28. Civil penalty for contravention of directions given by the Board.—In case any complaint is
filed before the Board by any person or if the Board is satisfied that any person has contravened a
direction issued by the Board under this Act to provide access to, or to adhere to the transportation rate in
respect of a common carrier, or to display maximum retail price at retail outlets, or violates the terms and
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conditions subject to which registration or authorisation has been granted under section 15 or section 19
or the retail service obligations or marketing service obligations, or does not furnish information,
document, return of report required by the Board, it may, after giving such person an opportunity of being
heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he
may be liable under this Act, such person shall pay, by way of civil penalty an amount which shall not
exceed one crore rupees for each contravention and in case of a continuing failure with additional penalty
which may extend to ten lakh rupees for every day during which the failure continues after contravention
of the first such direction:
Provided that in the case of a complaint on restrictive trade practice, the amount of civil penalty may
extend to five times the unfair gains made by the entity or ten crore rupees, whichever is higher.
29. Orders passed by Board deemed to be decrees.—Every order made by the Board under this
Act shall, on a certificate issued by an officer of the Board, shall be executable in the same manner as if it
were a decree of a civil court:
Provided that where an appeal lies against an order of the Board and no appeal is preferred then the
order of the Board shall be deemed to be a final decree under this section on the expiry of the period
allowed for preferring an appeal against such order before the Appellate Tribunal.