The main legal point established in the judgment is the interpretation of the time-limit for seeking compensation under Clause 15.1 of Regulation No. 57 dated August 26, 2013, and the determination of when the claim for compensation matures, emphasizing the expression 'from which compensation arises' in relation to the date of disconnection and restoration of the electricity connection.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The petitioners, as partners of the firm, namely M/s. Technocrats and Associates, have been running business at the premises-in-question.

2. For the said purpose, the petitioners had been enjoying industrial electricity connection from the West Bengal State Electricity Distribution Company (WBSEDCL) (respondent no. 3). The electricity supply to the petitioners was disconnected on January 22, 2014 on the allegation of outstanding dues of electricity charges. The petitioners applied for taking service connection at the premises and issued a letter to that effect to the concerned Station Manager of the WBSEDCL on March 27, 2014, expressing the intention of clearing the amount allegedly outstanding.

3. On several occasions the petitioners allegedly appeared in the office of the Station Manager, but without any fruitful result. Ultimately upon being so advised at the office of the Station Manager, the petitioners filed a complaint with the concerned Regional Grievance Redressal Officer (RGRO) on February 3, 2017. Ultimately, vide Memo No. RM/24-PNR/PG dated March 29, 2017, the RGRO decided the complaint by directing the complainant/petitioners to pay the total outstanding dues. However, although it was recorded by the RGRO in his order that the petitioners had asked for compensation as per law, such request was not dealt with specifically and/or granted by the RGRO.

4. Being thus aggrieved, the petitioners approached the Ombudsman, West Bengal who, vide final order dated November 20, 2018 passed in the petitioners Representation No. W-99 AKT/2017, decided the issue in favour of the petitioner. Upon consideration of a report filed by the distribution licensee and coming to the finding that the allegation against the petitioners that the premises were often closed could not be sustained, the Ombudsman arrived at the conclusion that the Regulatory requirements for disconnection of the service line of the complainants had not been properly fulfilled by the distribution licensee. The Ombudsman further directed that the WBSEDCL (the license) shall cancel electricity bills in respect of the service connection of the complainant from January 16, 2014 to January 30, 2014 and regenerate the same on the basis of consumption recorded in the installed meter along with other charges as per the regulatory provisions, without claiming any LPSC (Late Payment Surcharge) after adjustment of payment made by the complainant, if any.

5. The electricity bills from the date of restoration of the service connection on January 12, 2018 were directed to be cancelled and regenerated. However, the Ombudsman, despite having found that the petitioners were otherwise entitled to compensation, refused to pass any order of compensation for wrongful disconnection and delayed restoration of service connection on the ground of violation of Regulation 15.1 of the West Bengal Electricity Regulatory Commission (Standards and Performance of Licensee Relating to Consumer Services) Regulations, 2010, as amended. It was observed that the petitioners had approached with the claim of compensation beyond 90 days from the date from which compensation arises.

6. Learned counsel for the petitioners argues that the date from which compensation arises can only be the date of restoration of the electricity supply and payment and/or payment of the compensation.

7. Since the cause of action for compensation accrues day-to-day, it is argued that the claim for compensation did not crystallize before the same was paid. It is submitted that, vide Clause 21 of Regulation No. 57 dated August 26, 2013 framed by the West Bengal Electricity Regulatory Commission (WBERC), Clause 15.1 was inserted in the principal Regulation of 2010.

8. Clause 15.1 provides that the limitation for claiming compensation is 90 days from the date from which compensation arises. However, in Regulation No. 46 dated May 31, 2010, the original Clause 15.0, which remained substantially t