- (1.) In this writ petition, the main issue that arises for consideration is the power of the Ombudsman to grant compensation and impose penalty.
(2.) The writ petitioner is the distribution company who is aggrieved by the order of the Ombudsman whereby a direction was given to pay compensation in terms of Regulation 3.3 and Regulation 12(a) of the 2005 Regulations so also 2010 Regulation for delay in grant of electric connection to the consumer's submersible pump.
(3.) The case of the petitioner is that the Ombudsman is a creature of Section 42(5) of the 2003 Act and under Section 42(6) any consumer who is aggrieved by non-redressal of his grievance will be entitled to make a representation to an authority known as the Ombudsman to be appointed by the State Commission and under Section 42(7) of the 2003 Act, the grievance of the petitioner has to be settled by the Ombudsman as may be specified by the State Commission. "Consumer" has been defined under Section 2(15) of the 2003 Act. Therefore, a person to whom supply is connected becomes a consumer and delay in grant of connection to a person who has not been given supply is not a consumer under Section 2(15) of the 2003 Act and will disentitle the Ombudsman from granting any compensation. An application for compensation at the pre-connection stage cannot be entertained by the Ombudsman. Section 43 of the 2003 Act casts a duty on the Distribution Company to supply on request and Section 43(3) of the 2003 Act, imposes a penalty in case of failure to supply within the time specified in Section 43(1) of the 2003 Act. It is only the appropriate Commission which can impose penalty as will be evidenced from Section 57(2) of the 2003 Act. It is under Section 82 of the 2003 Act, that the West Bengal Electricity Regulatory Commission (Commission) has been created and appointed as the appropriate Commission. Therefore, under Sections 143 and 143(2) of the 2003 Act it is the Commission which can impose penalty. Section 97 of the 2003 Act empowers delegation of powers by the appropriate Commission in writing and this delegation was made to the Ombudsman on 7th January, 2014 to adjudicate under Section 143 of the 2003 Act. In the instant case the order was passed on 27th August, 2012 that is before the delegation made in January, 2014.;