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NADIRA PATHERYA
West Bengal State Electricity Distribution Company Limited – Appellant
Versus
Uttam Kumar Bhakat – Respondent


Advocate Appeared:
For the Petitioners (WBSEDCL):Srijan Nayek, Raja Saha, Arindam Mitra, Shehasis Banerjee, Advocates
For the Respondent No. 1:Shehasis Banerjee, Advocate
For the Licensing Company :Pratik Dhar and Ritwik Pattanayak, Advocates
For the Respondents No. 1:Subroto Roy Karmakar and Sukanya Bhattacharya, Advocates

JUDGMENT :

Nadira Patherya, J.

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 th































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