WEST BENGAL ELECTRICITY REGULATORY COMMISSION AND ORS. Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.

JUDGEMENT

(1.) These appeals are directed against the orders of the learned Single Judge in W.P. 2760/12 and other connected matters. Appellant was the respondent before the learned Single Judge. The controversy which fell for consideration before the learned Single Judge was whether the Ombudsman has jurisdiction to award compensation in the event of failure on the part of the distribution licensee to give electric connection to new consumers within the stipulated time frame or for breach of any other conditions prescribed in the standards of the performance of licensees under Sec. 57(1) of the Electricity Act of 2003 (in short for the purpose of reference it shall be referred to as the Act).

(2.) Ombudsman had directed the distribution company to pay compensation in terms of regulation 3.3 and regulation 12(a) of the 2005 regulations and so also 2010 regulations since there was delay in granting electric connection to the consumers unit. The learned Judge was of the opinion that such power vested in the appropriate commission under the electricity Act and there was no delegation of such power to the Ombudsman under Sec. 97 thereof at the relevant point of time.

(3.) The learned Senior Counsel arguing for the appellant commission argued that Ombudsman is nothing but a statutory body constituted under Sec. 42(6) of the Act and commission has ample power to authorize the Ombudsman to receive the representations relating to grievances of the consumers/intending consumers in case of failure on the part of the distribution company to maintain the conditions and standards of performance relating to consumer services. Under the Act standards of performance is envisaged which would relate to the procedure and time limit within which electricity is to be supplied by the distribution licensee to intending consumers. Failure to do so would attract liability to pay penalty and also compensation under the provisions of the Act that is Sec. 43(3) and Sec. 57(2).