- (1.) Mr. Nayak submitted that he made an attempt to serve copies of this Writ Petition upon both respondent Nos. 1 and 2 under his forwarding letter dated 10th September, 2013 and in support thereof he filed an affidavit of service before this Court when the matter was taken up. From the said affidavit of service it appears that the respondent No.2, the Ombudsman, received a copy by hand on 25th September, 2013. So far the respondent No.1 Sri Gopal Chandra Maity is concerned, copy of the Writ Petition was sent to him under registered cover on 11th September, 2013 but no acknowledgment due card was received back by the petitioner s learned advocate as has been submitted before this Court. At the time of hearing, the learned advocate for the petitioner undertook to file fresh affidavit of service either annexing a postal acknowledgment due card or annexing the track report from the website of the postal department. The learned advocate filed another affidavit-of-service on February 21, 2014 which shows that respondent No.2 has been served. Despite service no one appears for the respondents.
(2.) The Writ Petition has been filed by the West Bengal State Electricity Distribution Company Limited challenging an Order passed on March 1, 2013 by the respondent No.2 in G.R. Case No. W-1087 AG of 2012. By the impugned Order dated March 1, 2013 respondent No.2, on the complaint of the respondent No.1, directed the petitioner to refund to the complainant the alleged excess realized amount of Rs.14,270/- (fourteen thousand two hundred seventy) together with an interest at the rate stated in Regulation 3.5.4 of the West Bengal Electricity Regulation Commission (Electricity Supply Code) Regulations, 2007, for the period from January 18, 2012 till the date of refund.
(3.) Aggrieved by the said Order dated March 1, 2013 as aforesaid, the writ petitioner has filed the present petition praying for a writ in the nature of mandamus commanding the respondents, particularly the respondent No.2 not to give any effect and/or further effect to the Order dated March 1, 2013 passed by the respondent No.2 in G.R. Case No. W-1087 AG of 2012.;