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Binding decisions

If a matter is not resolved, the Ombudsman may make a determination ('binding decision') to resolve a case. The complainant can choose whether or not to accept the determination. If it is accepted, then the supplier is bound by the determination.

No.

Abstract

Date

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61,62  

Complaints: Various customers lodged claims for compensation to their electricity supplier for damage/loss. Outcome: These determinations are not related to the substance of the customers’ claim, but to a lack of customer service in the failure of the supplier to provide adequate information to enable proper investigation of the claim, resulting in unreasonable delay, inconvenience and frustration for the customer. Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the supplier should make a customer service payment in each case as full settlement of the claims.

May 07

No. 61 is available as an example

  60

Complaint: Ms S lodged a claim for compensation for damage to a chest freezer, to a cordless phone with answering machine unit and for food loss. Outcome: EWON is not in a position to comment further on the technical merit of this claim. However, in a situation where there is credible information available to indicate that industry best practice points to additional information about the circumstances of a network incident involving the falling of an 11kV conductor being recorded, I believe it is reasonable for the benefit of any doubt regarding the claim to go to the customer. Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the provider should pay the sum of $599 to Ms S as full settlement of this matter.

May 07

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  59

Complaint: Mr C lodged a claim for compensation for damage to multiple items of electrical equipment. Outcome: In a situation where there is information available indicating that the failed service connection was made by the provider’s predecessor [or an agent of that distributor] and where this is supplemented by credible information about industry best practice “for making service neutral connections aimed at minimising the risk of broken or poor connections”, I believe it is reasonable for the benefit of any doubt to go to the customer. Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the provider should pay the sum of $3229.65 to Mr C as full settlement of his claim.

Apr 07

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23 to 58   

Complaints: Various customers lodged claims for compensation to their electricity supplier for damage/loss. Outcome: These determinations are not related to the substance of the customers’ claim, but to a lack of customer service in the failure of the supplier to provide adequate information to enable proper investigation of the claim, resulting in unreasonable delay, inconvenience and frustration for the customer. Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the supplier should make a customer service payment in each case as full settlement of the claims.

May 06, Jun 07

No. 23 is available as an example

  22

Complaint: Ms A and Mr C lodged a claim for compensation to their electricity supplier for damage to their computer and oven following an interruption to their electricity supply. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $3,000.00 to Ms A and Mr C as full settlement of their claim. This amount consists of the quoted replacement cost of their computer equipment and the cost of the repair to their oven plus a small customer service payment acknowledging the delay that has occurred in resolving their complaint.

Oct 05

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   21

Complaint: This determination relates to a claim from a customer for compensation for damage to electric ceiling fans. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $800 to Mr and Mrs E as full settlement of their claim. This amount consists of the replacement and installation costs for the damaged ceiling fans plus a small gesture acknowledging the delay that has occurred in resolving their complaint.

Sept 05

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   20

Complaint: This determination relates to a claim from a small business customer for compensation for damage sustained to a printing machine. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the supplier should pay the sum of $5500 to Mr D as settlement of his claim. This amount allows some offset of the repair costs plus a small gesture acknowledging the incorrect information provided to him in June 2004 when informed of the conclusions of the expert’s finalised report and for the inconvenience and delay this occasioned.

Sept 05

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   19

Complaint: The determination relates to a claim from a customer for compensation for the cost of repair to two damaged air conditioning units. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $2000 to Mr A as full settlement of his claim. The amount recognises that while the company failed to advise their customer of the need for protective action when they were well placed to do so, they do not bear full responsibility for this matter.

Sept 05

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   18

Complaint: The determination relates to a claim from a customer for compensation for the repair costs for several items of damaged electronic equipment – a television, VCR, a camcorder battery charger and a PlayStation. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $660.61 to Mr C as full settlement of his claim.

Aug 05

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   17

Complaint: The Determination relates to a complaint by Mr S regarding the standard of customer service he received in making several representations to his electricity retailer about the accuracy of the billing of his former business account in the period from June 2000 to October 2002. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $6531.77 to Mr S to resolve his complaint. This amount equates to the charges for the registered consumption for the 10pm to 7am time band.

Aug 05

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   16

Complaint: This determination relates to a claim by Mr and Mrs B for compensation for damage sustained to their computer, monitor and scanner. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $1750.00 to Mr and Mrs B as full settlement of their claim. This amount consists of the quoted replacement costs of their equipment plus a small customer service payment acknowledging the delay that has occurred in resolving their complaint.

Jul 05

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   15

Complaint: This determination relates to a claim for compensation for repair costs to a television and the cost of renting a replacement television for twelve months. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $350.00 to Mr J and Ms M as full settlement of their claim. This amount consists of the quoted estimated repair costs for the damaged television plus a small customer service payment acknowledging the delay that has occurred in resolving their complaint.

Jul 05

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   14

Complaint: The determination relates to a claim from a customer for compensation for damage to a domestic appliance. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the supplier should pay the sum of $150 to Mr H as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

Jun 05

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   13

Complaint: The determination relates to a claim from a customer for compensation for vaccines that were lost after an interruption to the electricity supply. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $5,000 to Ms W as full settlement of her claim.

Jun 05

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   12

Complaint: The determination relates to a claim from a customer for compensation for damage to a domestic appliance. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $1150 to Mr B as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

May 05

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   11

Complaint: The determination relates to a claim to [a provider] from a customer for compensation for loss incurred for a business. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW I therefore determine that the company should pay the sum of $600 to Mr K in acknowledgment of his losses and the customer service issues relating to this incident.

May 05

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   10

Complaint: The determination relates to a claim from a customer for compensation for loss incurred for a business. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $9,500.00 to Mr D as full settlement of his claim for a significant failure in customer service.

May 05

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   09

Complaint: The determination relates to a claim from a customer for compensation for damage to two computers. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the supplier should pay the sum of $1100 to the association as full settlement of their claim.

Apr 05

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   08

Complaint: The determination relates to a claim from a customer for compensation for damage to two domestic appliances. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $400 to Mr C as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

Apr 05

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   07

Complaint: The determination relates to a claim from a customer for compensation for damage to computer equipment. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $2597.10 to Dr A as full settlement of his claim.

Apr 05

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  06

Complaint: The determination relates to a claim from a customer for compensation for damage to one domestic appliance. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the provider should pay the sum of $800 to Mr C as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

Nov 04

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  05

Complaint: The determination relates to a claim from a customer for compensation for damage to two domestic appliances. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the provider should pay the sum of $800 to Mr Z as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

Oct 04

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  04

Complaint: This determination relates to a claim from a small business customer for compensation for damage to two computers. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the electricity provider should pay the sum of $7000 to Mr D as full settlement of his claim. This amount consists of the repair costs plus a small gesture acknowledging the incorrect information that was provided to him by his electricity provider and the inconvenience and delay caused to him as a result.

Oct 04

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   03

Complaint: The determination relates to a claim to the electricity provider from customers for compensation for damage to a computer. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the company should pay the sum of $1150.00 to Mr and Mrs L as full settlement of their claim. This amount consists of the replacement costs plus a small gesture acknowledging the considerable delay that has occurred in resolving this customer’s complaint.

Oct 04

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   02

Complaint: This determination relates to a claim for compensation for damage to a computer following an event on the electricity network in the evening of Monday 8 January 2001. Outcome: Under the provision of Clause 6 of the Constitution of the Energy & Water Ombudsman NSW scheme I therefore determine that the provider should pay the sum of $2,500 to Mr M in full settlement of his claim.

Feb 03

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   01

Complaint: This determination relates to compensation for the cost of installing a new stove and related kitchen renovations following low voltage levels which caused inadequate performance of the customer's previous stove. Outcome: Under the provision of Clause 6 of the Constitution of the Energy Industry Ombudsman NSW scheme I therefore determine that the Electricity provider should pay restitution to Mr A in the sum of $1,070.

Feb 99

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