Court No. - 16
Case :- WRIT - C No. - 4657 of 2013 Petitioner :- M/S Kamla Cold Storage And Ice Factory Respondent :- Electricity Ombudsman And Others Counsel for Petitioner :- B.C. Rai Counsel for Respondent :- Shivam Yadav
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri B.C. Rai, learned Counsel for the petitioner.
On 17.7.2019, learned Counsel for respondent nos.3 & 4 was not present and learned Counsel for the petitioner was directed to inform Sri Shivam Yadav, Advocate about the order in writing.
Sri B.C. Rai, learned Counsel for the petitioner has placed on record the notice so given by him to Mr. Shivam Yadav, Advocate on 17.7.2019. Today, in the revised call, again Sri Shivam Yadav, Counsel for the Electricity Department is not present.
Case of the petitioner is that order was passed by Consumer Grievance Redressal Forum on 29.6.2011. Aggrieved by the said order, petitioner had approached the Electricity Ombudsman on 9.8.2011.
Grievance of the petitioner before the Ombudsman was that the order dated 29.6.2011 passed by the Consumer Grievance Redressal Forum was served on 12.7.2011. On 31.8.2012, the Electricity Ombudsman summoned the records from the Consumer Grievance Redressal Forum. But vide order dated 23.11.2012, which was communicated to the petitioner through letter dated 14.12.2012, the Electricity Ombudsman held the representation/appeal of the petitioner to be beyond time.
Sri B.C. Rai, learned Counsel for the petitioner has contended that the order of the Consumer Grievance Redressal Forum dated 29.6.2011 was actually issued by the Forum on 12.7.2011, which is evident from perusal of Annexure 1, Page 23 of the paper book. He further contended that the Electricity Ombudsman without awaiting for the records of the case, which was summoned by order dated 31.8.2012 proceeded to decide the appeal/representation of the petitioner. He further states that the appeal of the petitioner has not been adjudicated by the Electricity Ombudsman on merits but has only been rejected on the ground being barred by time.
Having heard learned Counsel for the petitioner and perusing the records of the case, I find that Annexure 1, Page 23 of the paper book, which is certified copy of the order of Consumer Grievance Redressal Forum was issued on 12.7.2011, thus the petitioner has made out a case that order dated 29.6.2011 passed by Consumer Grievance Redressal Forum was served upon the petitioner on 12.7.2011. Further, the Electricity Ombudsman should have awaited for the records to verify the fact as far as the service of the order on the petitioner, but it proceeded to decide the representation/appeal dismissing the same on ground of delay. The Electricity Ombudsman has not adjudicated the matter on merit and had only dismissed the representation/appeal of the petitioner on the ground of delay, though from the perusal of records, it is clear that the same has been filed within the limitation period.
In view of the above, order passed by Electricity Ombudsman dated 23.11.2012, communicated on 14.12.2012, is quashed and the matter is remitted back to the Electricity Ombudsman who shall make every endeavour to decide the representation/appeal of the petitioner on merits within the next three months from the date of production of certified copy of this order.
Writ petition stands partly allowed. Order Date :- 26.7.2019 S. Singh