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2008 Supreme(Guj) 216
2008 (3) GCD 1790 (Guj)
Hon’ble Mr. Justice Jayant Patel
Lakhabhai Popatbhai Sorathiya [Amreli]
Versus
Imbudsman of Electricity C/o O/O/ Gujarat Electricity & Anr.
Special Civil Application No. 5036 of 2008—Decided on 07/07/2008
Mr. B.M. Vaishnav, for the Petitioner No. 1.
Mr. B.D. Karia, for the Respondent No. 1.
Mr. M.D. Rana, for the Respondent No.2.
Important Point :
Whether in the facts petitioner is entitled to compensation from respondent for not attending the complaint within ten days as provided under regulations?
Headnote:Electricity Act, 2003—Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003—Regulation No. 13.4—Chapter XIV Serial No. 6—Complaint—Not attended within 10 days—Claim for compensation—Admissibility—Finding of—It is admitted that complaint was made by petitioner on 13.02.2007 but it was not attended within ten days—Complainant has, therefore, claimed compensation as provided under Regulation—He made application before consumer forum and also to ombudsman of Electricity but he was not granted compensation as claimed on ground of alleged tampering with the electricity line—Court held that incident of tampering with the electricity line is not prior to the complaint, but is only after the petitioner had approach the Forum—The petitioner, therefore, cannot be denied compensation on the alleged ground special when alleged regulations are mandatory in nature so far as respondent is concerned—When it is expressly provided under the statutory regulations, the respondent Electricity Company cannot get away from it’s liability to pay compensation—Court, therefore, quashed and set aside the order of the ombudsman and directed that petitioner be paid Rs. 500/- as compensation provided under the regulations within a period of four weeks by respondent.
Held :
It does appear that the Ombudsman has declined to exercise the power on irrelevant and extraneous considerations, inasmuch as for awarding of the compensation, attending of the complaint within the period of 10 days would be germane consideration for exercise of the power and not the subsequent incident, if any, after attending of the complaint. When it was an admitted position that the complaint was attended after a period of about four months and ten days, it was required for the Ombudsman to enforce the regulations and the subsequent aspects after the inspection could not be made as valid ground for declining relief for awarding of the compensation when the regulations otherwise are mandatory and binding to the Electricity Company. [Para 8]
Petition Allowed
Jayant Patel, J.—Rule. Mr. Rana, learned Counsel appears and waives service of notice of rule for Respondent No. l and Mr. Karia, learned Counsel appears and waives service of notice of rule for Respondent No. 2. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.
2. The only question, which arises for consideration is that would the petitioner - consumer be entitled for compensation as per the regulations framed under Electricity Act, 2003 and the Gujarat Electricity Industry (Reorganization and Regulation) Act, 2003, if the complaint is not attended within a period of 10 days from the date of making complaint ?
3. The short facts, which may be relevant for the purpose of this petition, read as under:—
3.1. The petitioner, who is a consumer of Respondent No. 2 Electricity Company, submitted a complaint, on 13.02.2007 to the Executive Engineer of the Respondent No. 2 Company about no proper reading of the unit, etc. It is an admitted position that the said complaint was attended on 22.06.2007 i.e. roughly after a period of about four months. The petitioner, thereafter made an application to the Consumer Forum of the Electricity Company, which was also attended and the Consumer Forum directed that the December/January bill, which was given on average basis be cancelled and fresh bill be issued based on the unit shown in the meter. The Electricity Company also acted upon the order passed by the Consumer Forum.
3.2. It appears that thereafter the petitioner submitted complaint to the Ombudsman of the Electricity for awarding of the compensation. The same was ultimately registered as Case No. l of 2008 and vide order dated 13.02.2008, the application was rejected. It may also be recorded that prior to the making of the complaint the petitioner also, for such purpose, approached before the Consumer Forum, but the fact remains that he was not granted compensation. Under these circumstances, against the decision of the Electricity Lokpal (Electricity Ombudsman) the petitioner has approached this Court by the present petition.
4. Heard Mr. Vaishnav, learned Counsel for the petitioner, Mr. Karia, learned Counsel for Respondent No. l and Mr. Rana, learned Counsel for Respondent No. 2.
5. It appears that the following factual positions are the admitted facts:—
(1) The complaint was made by the petitioner on 13.02.2007.
(2) Regulation No. 13.4 reads as under :—
“Any other complaints (including those of recurring nature) shall be enquired into within 10 days of complaint and rectified within 30 days thereafter. However the licensee shall make the best efforts to identify and rectify the fault ahead of the prescribed time limit having regard to the nature and the severity of the complaint.”
(3) Applicability of the aforesaid regulation to the present compliant of the petitioner is also admitted.
(4) Chapter XIV of the Regulation (Compensation in case of under performance) provided for compensation at Sr. No. 6 as under:—
Sr. No. Events Compensation payable
6. Responding to consumer’s Rs. 25 for each day of delay
complaints subject to a maximum of
Rs. 500/-
(5) The complaint is attended not only after the period of 10 days, but only on 22.6.2007, after about four months and 10 days.
(6) The question of alleged tampering with the electricity line is not prior to the complaint, but is only after the petitioner approached the Forum as per the above referred litigation.
6. In view of the aforesaid admitted position, it does appear that the complaint was not attended within the period of 10 days as per the regulation by the officers of the Electricity Company and it also appears that the Regulation expressly provided for payment of compensation in case if such complaint is not attended within the prescribed period of 10 days. The compensation is Rs. 25/- for each day of delay, subject to the maximum of Rs. 500/-. Therefore, the petitioner, as per the regulation, in view of the under performance o
