Read Time: 07 minutes

In a major decision, the Calcutta High Court has ordered West Bengal State Electricity Distribution Company Limited to compensate a consumer to the tune of Rs. 6,07,000 for the harassment faced by the consumer. 

Shocked to know that the consumer sent 200 emails for his plight, Justice Sabyasachi Bhattacharya presiding over the matter observed, 

"Conduct of the Distribution Licensee in the present case is concerned, the same is deplorable and the consumer was compelled to run from pillar to post at every point of time."

In the present matter, the respondent, one Sukanta Kumar Singha's electricity connection was disconnected by WBSEDCL. In lieu of which, Singha approached the authorities seeking a clarification regarding the reason for disconnection.

Thereafter, several communications via e-mail were exchanged and despite Singh having sent at least 200 e-mails, the authorities did not give any reply. Ultimately, Singh approached the Ombudsman. The Ombudsman deducted twenty per cent from the total amount of compensation and ultimately awarded a lumpsum compensation to the tune of Rs.1,21,400/- to Singha. 

Adv. Srijan Nayak appearing for WBSEDCL contended that the Ombudsman acted without jurisdiction in awarding damages to the consumer, because 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.

It was 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. 

Dismissing WBSEDCL's contentions the Court observed that the cause of action continued de die in diem due to the harassment regularly being faced by Singha in view of the disconnection of electricity, "which is a basic necessity of life and part of right to life."

The Court further pulled up the Distribution Licensee and routed him for causing harassment and ignominy to Singha.

The Court further observed that the Ombudsman acted without jurisdiction for deducting 20% without any reason.

"As far as the peculiar method of calculation of the Ombudsman is concerned, it is not a charity that was done by the Ombudsman but the legal right of the respondent no.1 to get damages at the rate of Rs.500/- per day. The argument of the Distribution Licensee, that the Ombudsman failed to give any reason for having awarded the full amount of compensation payable in law, is belied by the deduction of twenty per cent of the total amount by the Ombudsman without any rhyme or reason," the Court stated.

Thus the Court modified the Ombudsman's order and ordered the Distribution Licensee to pay compensation not to the tune of Rs.1,21,400/- as awarded but pay a total amount of Rs.6,07,000/-. 

"This Court can, in exercise of its power of judicial review under Article 226 of the Constitution of India, even suo motu, review an illegal and arbitrary act of any authority or quasi-judicial forum. Hence, there is no fetter on the powers of the High Court to modify the order impugned, even if the challenge is at the instance of the Distribution Licensee, under the aegis of Article 226 of the Constitution of India," the Court concluded. 

Cause Title: West Bengal State Electricity Distribution Company Limited vs Sukanta Kumar Singha and another