Clause 49 - Consumer complaints
Water Bill [Lords]
10:30 am
Mr Bill Wiggin (Leominster, Conservative)
I beg to move amendment No. 57, in
clause 49, page 59, line 39, at end insert—
'(12A) Where a report is made to the Authority pursuant to subsection (10), and the report shows that, in the opinion of the Council, the relevant undertaker (in respect of any matter relating to its functions) by failing properly to consult the complainant, or by acting unreasonably caused the complainant to suffer loss or damage or be subjected to inconvenience, the Authority may direct the relevant undertaker to pay to the complainant an amount, not exceeding £5000, in respect of that loss, damage or inconvenience.
(12B) The Authority shall not direct a relevant undertaker to pay an amount to a complainant pursuant to subsection (12A) in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to be appropriate to do so by reason of the failure of the amount of any such compensation to reflect the fact that it was not reasonable for the relevant undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.
(12C) The Authority shall not make a direction pursuant to subsection (12A) unless it has given the relevant undertaker and the customer the opportunity to submit evidence and make representations.
(12D) A person to whom any amount is directed to be paid by a direction under this section shall be entitled to recover that amount from the relevant undertaker against whom the direction is made by virtue of this section.
(12E) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (12A).'.