PATHERYA,J. - (1.) This writ petition has been filed from the order dated 11th June, 2013 passed by the Ombudsman.
(2.) The facts are admitted both by the consumer and the distribution company. The consumer filed an application for grant of electrical connection on 21st December, 2006 and on 10th December, 2007 that is after a year a quotation was raised. It is true that within seven days payment was made on 17th December, 2007 but having received the said amount the distribution company, gave connection only on 28th December, 2008. On 8th November, 2012 a complaint was filed with the Regional Grievance Redressal Officer and this was kept pending. It is because of this inert act on the part of the distribution company that a representation was made before the Ombudsman on 16th January, 2013. The Ombudsman allowed the distribution company to file a report or objection and the distribution company did so on 30th April, 2013. This was considered and there is no complaint on the part of either of the parties with regard to violation of the principles of natural justice. In fact W.P. 674 (W) of 2016 was filed by the consumer on 13th January, 2016 and direction was given for filing affidavit. In the said writ petition the consumer wanted implementation of the order dated 11th June, 2013. But this writ petition of the consumer was dismissed for default. It will not be out of place to say that the distribution company filed a writ petition on 26th July, 2016 that is after the consumer's writ petition and in this writ petition the order dated 11th June, 2013 was challenged and direction was given. It is because of these directions given that an affidavit has been filed by the consumer before this Court and based on the grounds set out in the writ petition of the distribution company relief was also sought. On a perusal of the grounds this writ petition cannot be sustained. Although the distribution company has alleged that the order dated 11th June, 2013 suffers from perversity, no instance of perversity has been addressed. It relies on Regulation 24 which though introduced was in 2005 was superseded by Regulation 46 in 2010. While a look at both Regulations 24 and 46 it deals with standards of performance of distribution licensees relating to consumer services. The said regulation cannot be faulted. On a perusal of both Regulations 24 of 2005 and 46 of 2010 has specifically stated "that the distribution licensee shall be liable to pay compensation commensurate with the loss suffered by the consumer". This is under the enforcement mechanism which deals with Regulation 12 of 2005 and Regulation 14 of 2010. Therefore, there is mention of payment of compensation both in Regulations 24 and 46. It is important to advert after having considered Regulations 24 and 46. Regulation 27 was introduced in 2006 and must be considered. Regulation 27 of 2006 deals with guidelines for establishment of forum and deals with Regulations 6, 7 and 8 as follows:- 6. Working Procedure for the Grievance Redressal Officers: 6.1 An aggrieved consumer may approach the Grievance Redressal Officer of his area only through a written petition, submitting in the same, as much concrete and detailed information about grievance as possible. If his grievance is the subject matter of any court case, he should furnish a copy of his plaint and indicate the status of the court case; in case, the court case has already resulted in an order, he should submit a copy of that order. 6.2 On receipt of the grievance petition from a consumer, the Grievance Redressal Officer should acknowledge the same by a written communication to the aggrieved consumer acknowledging his petition within 7 (seven) working days from the date of receipt of the same. Each grievance petition should be given a consecutive number pertaining to any year (i.e., grievance No. 240 of 2005-to take an imaginary example) and the date on which this number is given and the same shall be specifically quoted in communication to the grievance petitioner. 6.3 If a grievance, in the considered opinion of the Grievance Redressal Officer, does require any consultation with technical expert belonging to the organisation of the licensee, or if it does call for any spot inspection, the Grievance Redressal Officer shall, after giving a reasonable opportunity of hearing to both parties, pass a reasoned and speaking order disposing of the grievance petition within 21 (twenty one) working days from the date of sending the acknowledgement to the petitioner. 6.4 If a grievance, in the considered opinion of the Grievance Redressal Officer needs either a consultation with a technical expert belonging to the organisation of the licensee, or a spot inspection, or both, the Grievance Redressal Officer, shall, after giving a reasonable opportunity of hearing to both parties, pass a speaking and reasoned order after holding the said consultation and/or the spot inspection, within 45 (forty five) working days from the date of sending the acknowledgement to the petitioner. 6.5 Each order of a Grievance Redressal Officer by which a consumer's grievance is finally disposed of shall contain the information to the effect that the consumer may approach the Ombudsman for settlement of his grievance, if he feels dissatisfied with the order of the Grievance Redressal Officer. The order should also mention the full postal address/telephone No., FAX No., e-mail address, etc. of the office of the Ombudsman. 6.6 A copy of the written order passed by a Grievance Redressal Officer, certified to be a true copy, shall be given to the aggrieved consumer who had submitted a grievance petition, by the Grievance Redressal Officer within 7 (seven) working days from the date of passing of the order. In each such order of a Grievance Redressal Officer there shall be a specific mention of the arrangement of representation to the Ombudsman in case the aggrieved consumer wishes to move the Ombudsman against order of the Grievance Redressal Officer. 7. Jurisdiction of the Grievance Redressal Officers: 7.1 A Grievance Redressal Officer working at a sub-district, or a district, or a region or a zone shall have jurisdiction coterminous with his official jurisdiction. A Grievance Redressal Officer working at the corporate level will however have jurisdiction over the entire area of operation of the distribution licensee. 7.2 A Grievance Redressal Officer working at a sub-district, or a district, or a region, or a zone shall entertain grievances or complaints received direct from consumers who are located within his official jurisdiction. A Central Grievance Redressal Officer(s) at the corporate level may however refer any grievance/complaint of any consumer to any Grievance Redressal Officer at any sub-district, or district, or region, or zone whereupon the latter shall accept such referred grievance/complaint and proceed to deal with the same in the manner laid down in Regulation 6; provided that when a Central Grievance Redressal Officer(s) refers any consumer's grievance(s) to a Grievance Redressal Officer working at a subdistrict/district/region/zone level, he shall endorse a copy of his letter to the concerned consumer with the advice to contact the concerned Grievance Redressal Officer to whom his grievance has been referred. In such a referred cases, the Central Grievance Redressal Officer shall remain responsible for following the case up till the grievance is finally redressed but within the time limit indicated in these Regulations. In those cases where a Central Grievance Redressal Officer refers a consumer's grievance to a Grievance Redressal Officer at sub-district/district/region/zone level, the time limit for disposal indicated in Regulation 6 above shall stand extended by 10 (ten) working days under Regulations 6.3 and 6.4 respectively. 7.3 A Central Grievance Redressal Officer may himself proceed to deal with any consumer complaint, in which case, he will follow the same procedures that have been laid down for Grievance Redressal Officers working at the sub-district/district/region/zone level at Regulation 6, provided that the time limits indicated at Regulations 6.3 and 6.4 shall stand extended by 10 (ten) working days under each of these Regulations to facilitate dealing of a consumer's complaint centrally. 8. Representation by an Aggrieved Consumer to the Ombudsman: 8.1 A consumer must approach at least one Grievance Redressal Officer, or one Central Grievance Redressal Officer before he can represent his case to the Ombudsman. If a consumer is satisfied with an order from any Grievance Redressal Officer, as aforesaid, or if he does receive any order from the Grievance Redressal Officer to whom he has approached at the first instance seeking redressal of his grievance(s) within 60 (sixty) days from the date of lodging of his grievances, he may submit a written representation to the Ombudsman for the purpose of settlement of his grievances/complaints. 8.2 Representation to the Ombudsman by an aggrieved consumer is without any prejudice to the consumer's rights to move any other authority or a court of law, or a consumers' forum for redressal of his grievances. However, if he has moved any such authority, or court of law, or a consumer's forum, he shall disclose the same with all necessary details to the Ombudsman when he files a representation to the latter. 8.3 The representation should be filed in the format prescribed for this purpose at annexure-I. The form may be copied and used by any consumer for the purpose of filing a representation to the Ombudsman. No fees are payable to any one including the Ombudsman for filing a representation.
(3.) Regulation 27 is all that is important for me as Regulation 56 was of 2013 and will not apply to the instant case. Under Regulation 27 and especially Regulation 6 the aggrieved consumer was entitled to approach the office of the Grievance Redressal Officer of his area and this is what was done by the consumer on 8th November, 2012. No step was taken by the R.G.R.O. and being aggrieved by no order passed the consumer approached before the Ombudsman. He did so only in January, 2013. It is because of this reason that the Ombudsman addressed the consumer's representation and gave an opportunity to the distribution company to file an objection. This was done on 30th April, 2013. Paragraph 6 of the objection must be set out and reads as follows:- "6. The delay in effecting caused due to shortage of materials to be supplied by the WBSEDCL.";