Arka Banerjee v. West Bengal State Electricity Distribution Company Ltd. And ORS.

24.04.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5570 of 2024 Arka Banerjee Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Sandeep Prasad Shaw, Mr. Aman Kumar Singh ...for the petitioners Dr. Madhusudan Saha Roy ...for the WBSEDCL Mr. Amit Bikram Mahata ...for the respondent no. 4

1. Affidavit-of-service filed in Court today be kept on record.

2. The writ petition has been preferred on the allegation that the petitioner, who applied for a commercial as well as a domestic electricity connection, has not been able to get the same due to exorbitant quotation being raised by the West Bengal State Electricity Distribution Company Limited (WBSEDCL).

3. The petitioner sought for a break-up, which has not yet been given by the WBSEDCL.

4. Learned counsel for the WBSEDCL places reliance on a communication dated September 21, 2023 where it has been indicated that the quotation

has been prepared as per the WBSEDCL norms after proper technical inspection.

5. The WBERC Regulations governing the facts of the case provide that the appropriate authority for resolution of billing disputes is the Grievance Redressal Officer (G.R.O.) having territorial jurisdiction, which is an equally efficacious alternative remedy available to the petitioner.

6. Moreover, it would be beyond the domain of the writ court to enter into a factual appreciation of evidence and take a decision on the present dispute.

7. Accordingly, W.P.A. No. 5570 of 2024 is disposed of by granting liberty to the petitioner to approach the concerned G.R.O. having territorial jurisdiction with the billing dispute regarding the quotation letter as raised herein.

8. If such approach is made, the G.R.O. shall decide the same in accordance with law, upon giving adequate opportunity of hearing to all concerned, as expeditiously as possible, positively within six weeks from the date of such approach being made to the said Officer.

9. Since no affidavits are invited by this court, it is deemed that none of the allegations made in the writ petition are admitted by the respondents.

10. There will be no order as to costs.

11. 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.)