Sk. Abdus Samad v. State Of West Bengal & ORS

Ct. 23 Item No.7 14.12.2020 (suvendu) WPA 904 OF 2020 Sk. Abdus Samad Vs.

WBSEDCL & Ors.

(Via Video Conference) Mr. Syed Shamsul Arefin ......... for the petitioner Mr. Soumyajit Chakraborty .........for the WBSEDCL Mr. Jahar Dutta Mr. Jaladhi Das .............for the State The petitioner is enjoying electricity from West Bengal State Electricity Distribution Company Limited (in short, "WBSEDCL") for operating his submersible pump. The petitioner says that a bill was raised by WBSEDCL on 4th February, 2018 (appearing at page 12 of the writ petition) for a sum of Rs. 38,985.73/-. The petitioner has paid the said bill. The bill dated 4th March, 2018 (appearing at page 13 of the writ petition) for a sum of Rs. 40,704/-, according to the petitioner, is an incorrect bill and is inflated. The petitioner, therefore, disputes the bill dated 4th March, 2018.

The petitioner is, therefore, disputing a bill raised by the licensee. The dispute regarding any bill raised by a consumer has to be referred to and decided by the Grievance Redressal Officer.

The writ court cannot go into the technical and factual appreciation of the disputed bill. The petitioner is, therefore, directed to approach the concerned Grievance Redressal Officer within 22nd December, 2020 in connection with the disputed bill.

The Grievance Redressal Officer, if approached, shall decide the dispute so referred to him by the petitioner and pass a reasoned order within a period of two months from the date of the petitioner's complaint after hearing the parties and shall communicate the same to the parties within three days upon the same being passed. The Grievance Redressal Officer shall be free to decide as to the mode of hearing but shall adhere to principles of natural justice.

Subject to the payment by the petitioner of the regular bills that may be raised by WBSEDCL except the disputed bill, WBSEDCL shall not disconnect the electricity till two weeks from the date of passing of the order by the Grievance Redressal Officer in the event the petitioner approaches him. In case of default on the part of the petitioner in approaching the Grievance Redressal Officer within the aforesaid time frame, WBSEDCL shall be free to proceed in the matter as against the petitioner as permissible in law for realising its dues including disconnection of electricity for non-payment of bills. It is made clear that I have not gone into the merit of the case and the Grievance Redressal Officer shall be free to decide all the points that may be raised before him without being influenced by this order.

The writ petition is disposed of without any order as to costs.

Since no affidavit-in-opposition is called for, allegations contained in the writ petition are deemed to be denied.

Urgent xerox certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Arindam Mukherjee, J.)