Prince Kumar Ram v. Cesc Limited

02.03.2021 ss W.P.A. 2972 of 2021 Prince Kumar Ram Vs.

C.E.S.C. Ltd. & ors.

Mr. Mukteswar Maity Mr. Manika Sarkar ... For the petitioner Ms. Smita Das Dey ... For the C.E.S.C. Ltd.

The grievance of the petitioner is directed against the refusal of the respondent-C.E.S.C. to furnish a new electric connection in the name of the petitioner. The petitioner further alleges that by a representation dated 22nd January, 2021 the petitioner had sought for a fresh electric connection which the respondent-C.E.S.C. has failed to install.

Counsel on behalf of the respondent no.1 relies on Regulation 46 Clause 13.9 to contend that for getting a new electric connection the intending consumer is required to pay all outstanding dues. The C.E.S.C. is also required to provide the outstanding dues calculated on pro-rata basis.

It is further contended on behalf of the respondent no.1 that in respect of an electric connection from which the petitioner had been enjoying electricity there are huge outstanding dues which the petitioner has not paid till date.

It is submitted on behalf of the respondent-C.E.S.C. that by a letter dated 15th February, 2021 the respondent-C.E.S.C. had also served a notice on the petitioner which the petitioner feigns ignorance about. In view of the factual disputes and more particularly the fact that there are huge outstanding dues in respect of the previous electric connection from which the petitioner had been enjoying uninterrupted supply of electricity, I am not inclined to pass any order in favour of the petitioner..

There is no merit in this petition.

Accordingly, W.P.A.2972 of 2021 is dismissed. The respondent-C.E.S.C. is directed to serve afresh a copy of the letter dated 15th February, 2021 on the petitioner in respect of the outstanding dues which are due and payable by the petitioner in respect of the previous electric connection which the petitioner had been enjoying.

It is needless to mention that if the outstanding dues raised by the C.E.S.C. are clear and fully paid, the C.E.S.C. will consider to supply the petitioner a fresh electric connection in accordance with law and after compliance with all statutory formalities.

(Ravi Krishan Kapur, J.)