Syamal Kr. Chandra v. Wbsedcl & ORS.

07.01.2022.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3491 of 2020 (Via video conference) Syamal Kumar Chandra -vs.- West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Anil Kumar Chattopadhyay ...for the petitioner Mr. Srijan Nayak, Ms. Rituparna Moitra ...for the WBSEDCL Learned counsel for the petitioner argues that the Ombudsman, by the impugned order, observed that no compensation is payable by the opposite party to the complainant for the disconnection of his electric supply during 23.4.14 to 29.4.14 and, accordingly, disposed of the case. Since the petitioner is aggrieved by the alleged non-consideration of all the materials-on-record by the Ombudsman, the petitioner gave a representation for the Ombudsman to reconsider the case. However, since no action has been taken thereon, the petitioner has mounted the present challenge before this Court. Learned counsel appearing for the Distribution Company submits that the order under challenge is

well-reasoned and does not suffer from any illegality and/or infirmity.

A perusal of the entire order reveals that there is substance in the contention of the Distribution Company. The Ombudsman, while disposing of the compensation application of the petitioner/complainant, considered all the facets of the issue and elaborately dealt with all the materials-on-record, as reflected from the observation made by the Ombudsman at internal pages 4 and 5 of the impugned order in particular. As such, there is no scope of interference with the said order of the Ombudsman and/or directing the Ombudsman to look into the representation of the petitioner on such score afresh.

Hence, W.P.A. No. 3491 of 2020 is dismissed on contest without, however, any order as to costs. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)