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2022 Supreme(Cal) 98

SABYASACHI BHATTACHARYYA
WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED – Appellant
Versus
SUKANTA KUMAR SINGHA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Srijan Nayak, Mrs. Rituparna Maitra.
For the Respondent: Mr. Sumit Kumar Ray.

ORDER :

1. Affidavit-of-service filed in court today be kept on record.

2. Learned counsel for the petitioner-Distribution Licensee argues that the Ombudsman acted without jurisdiction in awarding damages to the consumer, that is, respondent no. 1 in the writ petition, although the consumer had approached the Grievance Redressal Officer (GRO) after 90 days of the cause of action which is the limitation as per Clause 6.1 of Regulation 56 of the West Bengal Electricity Regulatory Commission.

3. It is further submitted that compensation was awarded from the date of the cause of action, that is, November 19, 2017, at the rate of the maximum amount of Rs.500/- per day, without any justification, although the law says that Rs.500/- or any part thereof can be awarded as compensation.

4. Thirdly, learned counsel argues that the Ombudsman clearly observed that the petitioner had not established his claim of damages.

5. However, in spite of such specific finding, the Ombudsman merely deducted twenty per cent from the total amount of compensation and ultimately awarded lump sum compensation to the tune of Rs. 1,21,400/- to the respondent no. 1 without jurisdiction.

6. Learned counsel appearing for

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