- (1.) THE Court : THE petitioner is aggrieved by the action of West Bengal State Electricity Transmission Company Limited that issued a letter dated March 4, 2011 (at p.26) returning his appeal under s.127 of the Electricity Act, 2003 on the grounds that it was filed after expiration of the period of limitation. Relevant part of the letter dated March 4, 2011 is quoted below: "Your application dated 03/03/2011 along with submitted documents related to above are being returned to you due to non-submission of the appeal/application within the stipulated period U/S 127 of the Indian Electricity Act, 2003 & which was informed verbally to you on see P-26. communication for submission."
(2.) AN order of final assessment was passed by an assessing officer of West Bengal State Electricity Distribution Company Limited on January 27, 2011. Feeling aggrieved, the petitioner filed the appeal to the Superintending Engineer & Circle Manager of West Bengal State Electricity Distribution Company Limited on February 26, 2011. By a letter dated March 2, 2011 West Bengal State Electricity Distribution Company Limited informed the petitioner as follows: "In reference to above, enclosing the original application dated 25.02.2011 as received by this end for appeal against final assessment order under section 127 of the Electricity Act, 2003 in respect of consumer No.I80081 under Sonakhali Group Electric Supply, with the request to appeal before the Area Manager (previously S.E.) & Appellate authority, Transmissions Circle, Station Road, Midnapore, who has been now authorized in this regard." In my opinion, West Bengal State Electricity Distribution Company Limited accepting the appeal on February 26, 2011 instead of returning it under its letter dated March 2, 2011 ought to have transferred the appeal to the authority concerned of West Bengal State Electricity Transmission Company Limited. Instead of returning the appeal on February 26, 2011 itself or transferring the appeal to West Bengal State Electricity Transmission Company Limited, it returned the appeal on March 2, 2011 knowing that the petitioner would be required to resubmit the appeal to West Bengal State Electricity Transmission Company Limited within a day.
(3.) THE office of the West Bengal State Electricity Transmission Company refused to receive the appeal on March 3, 2011 verbally stating that it was out of time. Under the circumstances, the petitioner sent the appeal to the Appellate Authority by post on March 4, 2011 under cover of a letter dated March 3, 2011. From the letter of the West Bengal State Electricity Transmission Company Limited dated March 4, 2011 it is evident that the petitioner actually presented the appeal in the office of the Area Manager & Appellate Authority on March 3, 2011. The letter dated March 4, 2011 was written in reply to the petitioner"s letter dated March 3, 2011.;