PATHERYA,J. - (1.) By this application, all that the Distribution Company seeks is to set aside the order dated January 29, 2014 passed by the Ombudsman.
(2.) Counsel for the petitioner submits that a scheme had been floated in February 2012 being the Backward Region Grand Fund Scheme (BRGF Scheme) for electrical connection to APL and BPL. The said scheme was covered in 11 districts of West Bengal and one of the Districts is Purba Medinipur. The intending consumer is a resident of District Purba Medinipur and under the said scheme, the rural electrification work was undertaken. An inspection was made by the representatives of the Distribution Company and L and T was the Contractor identified to do such rural electrification work. The installation was completed on October 8, 2013 and as appears from the annexures under the scheme electrical connection was given to the consumer. The intending consumer has also accepted the electrical connection under the scheme. Initially, the earnest money of Rs. 200/- was made and subsequently, it was returned. As connection was made in June 2012 and 45 days had lapsed, since quotation was deposited and no connection was made, an application was filed before the RGRO and rightly the application was dismissed by order dated April 26, 2013.
(3.) Being aggrieved by the said order, the intending consumer filed a representation before the Ombudsman who passed the order dated January 29, 2014 and while doing so imposed costs of Rs. 500/- for 325 days of delay aggregating to Rs. 1,62,500/-. The Ombudsman did not appreciate that a scheme in respect of rural electrification was encouraged in the District of Purba Medinipur. The petitioner resides in Block Moyna and Moyna was the identified block. Without considering the documents and the scheme the Ombudsman without even considering the date on which an application was filed. No connection was given and on receipt of such application ought to have waited till the connection was given. In doing so, the Ombudsman has erred and the order passed, is not only erroneous but also hit by perversity. The installation was completed on October 8, 2013 and the Contractor had also handed over the project to the Assistant Engineer of Purba Medinipur RE Project. This project covered Mouza-Harkuli Bhandar Chak of Block Moyna and the intending consumer was a part of that Mouza and Block. This should have been addressed by the Ombudsman and in not doing so has acted in excess of jurisdiction. Therefore, the order dated January 29, 2014 be set aside.;