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Calcutta High CourtWPA/5703/2022disposed

Mrs Mahamuda Begam v. The Sec. Wbsedcl And ORS.

2022-05-10Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

10.05.2022 TN WPA No. 5703 of 2022 Mrs. Mahamuda Begam Vs.

The Secretary, West Bengal State Electricity Distribution Company Limited and others Mr. Balai Paul, Ms. Ruma Sarkar .... for the petitioner Mr. Debanjan Mukherji .... for the WBSEDCL The grievance of the petitioner is that, without any prior intimation, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) disconnected the petitioner's domestic electricity supply, thereby subjecting the petitioner and her family to extreme inconvenience, particularly in the summer season.

Learned counsel appearing for the Distribution Licensee files an affidavit-in-opposition, which be kept on record. Learned counsel points out, by placing reliance on the annexures to the affidavit-inopposition, that prior notice was given to the

petitioner in respect of the disconnection. It is submitted, that vide communication dated March 21, 2022 (Memo No. PTS/CCC/1680), the petitioner was also informed that there was an outstanding of Rs.2,098/- of long pending dues.

Although it appears that such intimation was apparently made by the Distribution Licensee, it is not disclosed specifically in the notice dated March 21, 2022 and/or the disconnection notice preceding the same as to what are the heads under which the outstanding amount of Rs.2,098/- was sought by the WBSEDCL.

However, learned counsel for the petitioner, on instruction, submits that since the petitioner and her family is suffering immensely for the disconnection, the petitioner is willing to deposit the additional amount to the Distribution Licensee, subject to which the connection of the petitioner may be restored at the earliest.

However, the petitioner is aggrieved by the quantum of the outstanding dues claimed by the WBSEDCL.

In such view of the matter, WPA No. 5703 of 2022 is disposed of by granting liberty to the petitioner to deposit the claim of outstanding dues of the WBSEDCL to the tune of Rs.2,098/-, along with

disconnection and reconnection charges payable in accordance with law by tomorrow, as prayed by the petitioner.

Upon such deposit being made by the petitioner, the WBSEDCL shall restore the connection of electricity of the petitioner within 24 hours thereafter. However, liberty is given to the petitioner to approach the concerned Grievance Redressal Officer (GRO) within the contemplation of the Regulations framed by the West Bengal Electricity Regulatory Commission, disputing the initial assessment made by the Distribution Licensee. The restoration of connection, although as per the above time-schedule, shall be subject to the decision arrived at by such authority in accordance with law. The merits of the contending claims of the parties are not gone into by this court.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)