Calcutta High Court (Appellete Side)
Wbsedcl vs Sri Nabakumar Pal & Ors on 4 August, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
1
04.08.2016
Sl.No. 12
Ct.No.18
aa
W.P. No. 8140 (W) of 2016
WBSEDCL
Vs.
Sri Nabakumar Pal & Ors.
Mr. Anindya Mitra, Sr. Advocate
Mr. Srijan Nayak
Mrs. Rituparna Maitra
Mr. Kanak Kiran Bandyopadhyay
Mr. Raja Saha
Mr. S. Bandyopadhyay
...for the petitioner
Mr. Pratik Dhar, Sr. Advocate
Mr. Ritwik Pattanayak
...for the respondent no. 3
Mr. Tapan Kr. Mukherjee, Ld. AGP Mr. Rabindra Naryan Dutta ...for the State The order dated 26th July, 2016 is corrected by deleting the words "a judgement and/or order declaring the". In this writ the vires of Regulations 14.3 and 15.0 of the West Bengal Electricity Regulatory Commission (Standards of Performance of Licensees Relating to Consumer Services) Regulations, 2010 is challenged.
I find from a prima facie examination of the judgment and order of the Division Bench presided over by the Hon'ble Chief Justice in FMA 3291 of 2015 with CAN 7450 of 2015 (West Bengal Electricity Regulatory Commission Vs. West Bengal State 2 Electricity Distribution Company Limited & Ors.) with a connected matter decided on 1st February, 2016 that the power of the Ombudsman to grant damages for delayed connection was gone into. The Division Bench decided that the Ombudsman had this power.
However, Mr. Mitra submits that the vires of the Regulations was not in issue before the Division Bench and that this question of law was not considered.
This writ application is formally admitted. Let affidavits be exchanged according to the following directions:-
Affidavit-in-opposition by 23rd August, 2016. List this application on 14th September, 2016. Affidavit-in-reply may be filed in the meantime.
( I. P. Mukerji,J. )