'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply

The Calcutta High Court on Friday directed the West Bengal State Electricity Distribution Company (WBSEDCL) to pay an amount to the tune of Rs.6,07,000 to a consumer for unauthorised disconnection of electricity supply due to which the consumer had suffered unnecessary harassment. Calling the conduct of WBSEDCL as 'deplorable', Justice Sabyasachi Bhattacharyya observed, "In cases such as the present one, it is the gross laches of the Distribution Licensee which compelled the respondent no.1, a consumer, to suffer unnecessary ignominy and harassment..As far as the 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."The Court further observed that the consumer had suffered due to the artistry disconnection of electricity supply by WBSEDCL and that even after repeated requests, no clear reason was disclosed by the electricity distribution company for taking such an action against the consumer. In the instant case, WBSEDCL had preferred the instant appeal against an order of the Electricity Ombudsman dated September 2, 2021 wherein WBSEDCL had been instructed to pay a compensation to the tune of Rs.1,21,400 to the consumer. The Court upheld such a grant of compensation but observed that the Electricity Ombudsman was incorrect in in deducting twenty per cent of the compensation amount from the total amount initially calculated at the rate of Rs.500 per month. Accordingly, the Court directed, "Hence, there was no scope of reducing the total amount of compensation at the rate of Rs. 500/- per day, as calculated by the Ombudsman. Rather, in exercise of this court's powers under Article 226 of the Constitution of India, the impugned order of the Ombudsman is modified to the effect that the Distribution Licensee shall pay compensation not to the tune of Rs.1,21,400/- as awarded but will pay a total amount of Rs.6,07,000/- to the consumer-respondent no.1 within a month from date, deducting any amount, if already paid pursuant to the impugned order of the Ombudsman."ArgumentsThe counsel appearing for WBSEDCL observed that the Ombudsman had acted without jurisdiction in awarding damages to the consumer 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. It was further argued that the 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 stipulates that Rs.500 or any part thereof can be awarded as compensation.The Court was further apprised that although the Ombudsman had held that a claim for damages had not been established, yet he had merely deducted twenty per cent from the total amount of compensation and had ultimately awarded a lump sum compensation to the tune of Rs. 1,21,400 to the consumer without jurisdiction.On the other hand, the counsel appearing for the consumer relied upon various communications to indicate that the cause of action had not crystallised before the consumer had approached the Grievance Redressal Officer (GRO) for the first time. The Court was apprised that the electricity connection had been disconnected on November 19, 2017 and in the very next month, the consumer had approached the authorities seeking a clarification regarding the reason for disconnection.Thereafter, several communications via e-mail were exchanged and despite the consumer having sent nearly 20 emails, the authorities did not provide any reply. Ultimately, he was compelled to approach the Grievance Redressal Officer (GRO) owing to such inaction on the part of WBSEDCL. It was further contended that upon being advised by the Ombudsman, the consumer had again approached the Grievance Redressal Officer challenging the disconnection.It was further submitted that the cause of action of the consumer has been continuing day-to-day, in view of the extreme distress being suffered every day from the date of disconnection till date. Thus, it was argued that the Ombudsman was justified in passing the impugned award against WBSEDCL since the consumer has endured sufficient harassment to entitle him to such compensation.Observations The Court at the outset noted that Clause 6.1 of Regulation 56 dated August 26, 2013 of the West Bengal Electricity Regulatory Commission stipulates that the time limit for an aggrieved consumer to submit a written petition against a grievance is 90 days "from the date of occurrence of the cause of action".Furthermore, upholding the contention of the consumer (respondent no.1 ) regarding the continuing cause of action, the Court observed further, "Learned counsel for the respondent no.1 is justified in arguing that the cause of action of the instant respondent no.1 continued de die ...

'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply

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'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity Supply

Aaratrika Bhaumik

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