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REGULATIONS On the Receipt and Examination of Applications on Water Supply, and Protection of Consumer Rights

Approved by Order No. _______ of

Azersu OJSC dated __________.

 

 

REGULATIONS

On the Receipt and Examination of Applications on Water Supply,

and Protection of Consumer Rights 

 

  1. General Provisions
    • The “Regulations On the Receipt and Examination of Applications for Water Supply, and Protection of the Rights of Consumers” (hereinafter referred to as the “Regulations”) were prepared in accordance with the requirements of the Law of the Republic of Azerbaijan “On Citizens' Appeals”, the Law of the Republic of Azerbaijan “On Protection of the Rights of Consumers” and Clause 1.1.2. (Independent complaints mechanisms for water supply issues and problems faced by consumers) of the Roadmap for implementation of improvements in the respective area related to the indicator “Connection to utility services (water supply network)” for the years 2022-2023.
    • These Regulations shall regulate relationships pertaining to the exercise of the right of citizens, entrepreneurial entities and consumers to appeal, and shall define the procedure for receiving the applications (appeals, proposals, complaints, requests, etc.) to Azersu OJSC (hereinafter referred to as the “Company”), the procedure for conducting subsequent investigations objectively, promptly and in accordance with the requirements of the law, the legitimate interests of applicants, the examination of applications by the Company officials and the response to the applications.

         1.3. The key concepts used in these Regulations shall have the following meanings:

        1.3.1. Electronic document circulation (hereinafter “EDC”) - information processes for the coordinated movement of electronic documents in an information system.

        1.3.2. Sukanal offices – a structural division without a legal entity, operating outside the Company organization.

        1.3.3. Executive structural division - a respective structural division tasked with providing investigation and response to applications.

      1.3.4. Service points - “ASAN Utility” centres, “ASAN” service centres and small and medium business houses (SME houses)” in relation to entrepreneurial entities.

      1.3.5. System - Unified Information System of Utility Services ensuring the integration of information systems and resources where information necessary for the management of the utility sector is collected and processed, implementation of monitoring and analytical analysis, preparation of forecasts and providing centralized electronic services in the mentioned sector,

      1.3.6. Construction facilities - buildings or plants created or to be created in the process of construction activities.

  1. Receipt, registration and review of applications

2.1. Applications shall be received by the Company in the following ways:

       - written applications sent to the e-mail address provided for these purposes, applications received in hard copy, and applications submitted through the System, including those submitted directly to the Company;

       - applications received by letter from a superior authority or on the instructions of their authorised persons;

       - requests received through social networks and the call centre;

       - written or verbal requests made during reception;

       - applications received at the service points. 

2.2 Hard copy applications, including applications sent to an email address and those submitted directly to the Company, shall be reviewed as follows:

2.2.1. All written applications shall be submitted to the Department of Administrative Supervision, Records Management and Archives, and their registration registered on the same day;

2.2.2. Applications shall be directed through the ESD program to the head (chairman or deputies) of the Company or the heads of offices and departments for instructions, and then enter the relevant structural division of the Company for implementation as directed in the instructions;

2.2.3. The head of the relevant structural division (or the person performing his or her duties) shall oversee the fulfilment of the request by determining the operational employees of the structural division he/she leads who will investigate and respond to the application and assigning them to ensure that the application is investigated and responded to;

2.2.4. Where an investigation is necessary to respond to an application, the executive employee shall gather information and conduct the investigation, and, if necessary, the head of the relevant structural division shall inform the head (or heads) of the other structural division (or units) about the content of the application and a request for provision of relevant information shall be sent via e-mail;

2.2.5. The executive structural division having received the relevant information on the request shall prepare a response letter and ensure that the request is answered within the time limit established by the legislation.

2.3 The review of applications received through the system, call centre and social networks, including from service points, shall consist of the following 3 stages:

2.3.1. Registration and classification of applications in chronological order, according to the administrative territorial unit in which they are located and their content;

2.3.2. Transferring the information regarding the solution of the issues mentioned in the application to the structural divisions of the Company organization and structural divisions operating outside the Company organization;

2.3.3. Implementation of controls over its execution.

2.4. Reception of citizens by the head of the Company and other officials shall be carried out in accordance with the requirements of the legislation. If no additional investigation is required to resolve the issue of an oral request, an oral response is given with the consent of the citizen during the reception. If it is not possible to give an oral response to the citizen's request during the reception, and additional research, collection of relevant documents or analysis is required, it shall be suggested to submit the request in writing. The procedure for receiving, registering and considering such applications shall be carried out in accordance with the Law of the Republic of Azerbaijan “On Citizens' Appeals” and submitted to the Department of Administrative Supervision, Records Management and Archives.

 

  1. Timeframe for the review of applications

3.1. With the exception of offenses related to corruption, applications submitted by citizens, consumers and external organizations and sent to the relevant structural division for execution through the EDC program shall be responded to no later than within 15 (fifteen) working days. Applications requiring additional investigation and verification shall be reviewed and responded to within 30 (thirty) working days at the latest.

3.2. Applications shall be examined and responded to within the deadlines set out Annex No.1 of these Regulations, depending on the nature of the applications.

  1. Suspension of applications

 4.1.  The procedure for suspension of applications shall be carried out in accordance with Article 8 of the Law of the Republic of Azerbaijan “On Citizens' Appeals”.

  1. Responsibilities of the Company for applications for the conclusion of a work and service contract

      5.1. The Company shall carry out the following tasks in respect of applications for the conclusion of a work and service contract:

      5.1.1 receive and check the applications and accompanying documents for conclusion of a work and service contract;

      5.1.2 when excludable deficiencies are detected in the documentation, inform the applicant of such deficiencies and explain the legal consequences of non-compliance with official requirements;

      5.1.3 ensure that water supply and sewage lines from the construction facility or from the plot of land where the construction facility is (or will be) located to the point of connection to WSWDS;

      5.1.4 carry out construction and installation works and physical connection;

      5.1.5 sign a Connection Act and water purchase agreement with the Customer in 2 (two) copies on the date when water supply and sewerage lines are laid and construction and installation works are carried out;

      5.1.6 submit the hard copies of those documents to the customer, and place them, as well as the technical specifications and the water supply and sewage system project, in the System in accordance with the “Regulations for Connection of Construction Facilities to Water Supply and Wastewater Disposal Systems” or submit their hard copies to the customer on the same day;

      5.1.7 ensure the usage of water supply and sewage services.

      5.2. If the Company does not fulfil or violates its duties with respect to the consumers’ applications for the conclusion of a contract for the provision of work or service in accordance with the requirements of these Regulations, the applications shall be considered and resolved in accordance with the rules set forth in these Regulations and the legislation.

 

  1.   Consumers’ rights in case of breach of the terms of contracts for provision of work and services

      6.1 The consumer shall have the right to connect to the water supply and sewage systems in accordance with the technical specifications granted by Azersu OJSC, to be provided with drinking water in accordance with the quality standards upon request, and to demand from the Company continuous discharge (intake) of wastewater into the sewage system.

      6.2 In case of violation of the terms of contracts for the provision of work and services, consumers shall have the following rights:

      6.2.1 to demand fulfilment of contractual obligations within specified periods;

      6.2.2 to unilaterally refuse to fulfil contractual obligations in the cases and in the manner provided for in the contract and the civil legislation;

      6.2.3 to request the elimination of accidents and malfunctions in the WSWDS, which are on the balance of WSSE;

      6.2.4 to request information on the work carried out and disclosure of rights provided for by the legislation;

      6.2.5. to apply to the court for the protection of their rights and legal interests.

 

  1. Responsibility

7.1. Executives shall be liable for disciplinary and other responsibilities for breaches of provisions of the Law of the Republic of Azerbaijan “On Citizens' Appeals”, other normative legal acts and the provisions of these Regulations, in accordance with the legislation and internal regulations of the Company.

 

  1. Final Provisions

8.1. The provisions of these Regulations may be amended at the discretion of the Chairman of the Company (or a deputy authorized by the Chairman in accordance with the division of duties) to bring the Regulations in line with the legislation and internal Company normative acts or to make necessary changes).

8.2. These Regulations may be amended or repealed in whole or in part by the Chairman of the Company (or a deputy authorized by the Chairman in accordance with the division of duties).

8.3. Due to changes in the current legislation of the Republic of Azerbaijan, clauses of these Regulations that contradict the legislation shall be deemed invalid and the provision of the legislation shall apply to that part, in which case the other clauses of the Regulations shall not lose their legal effect.