Mina Chakraborty v. Cesc Ltd & ORS

13.01.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 3054 of 2020 Smt. Mina Chakraborty Vs.

Calcutta Electricity Supply Corporation Limited & Anr. Mr. Dhananjay Banerjee ... For the petitioner Ms. Soma Roychoudhuri ... For CESC Limited The petitioner has applied for a new electricity connection on 13th September, 2019. An inspection was carried on by CESC Limited on 14th September, 2019. By a letter dated 16th September, 2019, CESC Limited informed that "supply regretted for split load". Being aggrieved by such action of CESC Limited, the writ petition has been filed.

On behalf of CESC Limited, it is submitted that the premises wherein the petitioner is seeking electricity is a one-storeyed building. There is an existing supply main and five separate meters already connected thereto. According to CESC Limited, granting a new meter to the petitioner and a separate connection thereto from the existing main service will amount to splitting of load. The petitioner is not a recorded consumer of CESC Limited and, as such, is not seeking an additional meter for distributing the consumption through the additional meter to split the load as alleged. The petitioner will not

even get the benefit of lower rate on the consumption being recorded in his additional meter to deprive CESC Limited. The case in hand, therefor, does not amount to splitting of load or come within the ambit of clause 14 of Regulation 53 published by the West Bengal Electricity Regulatory Commission on 2nd April, 2013 for the matter being referred to Ombudsman.

In the facts and circumstances as aforesaid, I direct CESC Limited to raise a quotation as to the cost and expenses for allotting a separate meter to the petitioner connected from the existing main service for use and enjoyment of electricity by the petitioner. The quotation has to be raised by 20th January, 2021. Subject to the petitioner paying the cost and expenses and other compliance as may be necessary, the connection to the petitioner shall be given within five working days from the date of payment made by the petitioner.

Nothing remains further to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)