Bechu Das v. West Bengal State Electricity Distribution Company Ltd And ORS

AD. 11.

May 19, 2022.

MNS.

WPA No. 6826 of 2022 Bechu Das Vs.

West Bengal State Electricity Distribution Company Limited and others Mr. Samar Nath Ghosh, Mr. Ayan Mitra ...for the petitioner.

Mr. Sumit Ray ...for the WBSEDCL.

Mr. Tanmoy Mukherjee ...for the respondent nos. 3 to 8.

Learned counsel for the petitioner contends that the petitioner's application for getting a new electricity connection has not yet been implemented by the West Bengal State Electricity Distribution Company Limited (in short WBSEDCL) despite the WBSEDCL having raised a quotation and the petitioner having deposited the amount in terms thereof.

It was submitted on the last occasion by learned counsel for the WBSEDCL that he shall take appropriate instructions on the issue as to whether an alternative arrangement is possible.

Such written instructions are filed by learned Counsel for the WBSEDCL today.

It is submitted by learned counsel that the inspection held by the WBSEDCL personnel,

subsequent to the quotation being raised, indicated that there is already an existing connection at the premises where the petitioner is seeking a new electricity connection. As such, no new connection can be given to the petitioner. That apart, it is indicated that giving a new connection to the petitioner at the same premises might be give rise to splitting of load in respect of the said electricity connection.

Insofar as the question of alternative route for giving the new connection is concerned, learned counsel appearing for the WBSEDCL submits that the passage over which such connection was sought to be given is narrow in width. The other adjacent owners of the petitioner, it is contended, have taken electricity connection at their respective premises from a meter room situated at some distance from the passage.

Learned counsel appearing for the private respondent submits, on instruction, that in the event the petitioner's connection is given from the existing meter room, the private respondents have no specific objection thereto. However, installation of new electricity poles on the passage will create a hindrance to the user thereof by the adjacent neighbours, since the said installations will be over a narrow passage.

Learned counsel appearing for the petitioner controverts the submission that the passage is too narrow to give a new connection to the petitioner. Be that as it may, although there is no specific controversy as regards the right of the petitioner otherwise to take an electricity connection at least from the existing meter room, from where the connection of the adjacent neighbours of the petitioner have been given, the problem arises in view of the specific objection taken by the WBSEDCL, upon inspection, subsequent to raising the quotation, to the effect that there is already an existing connection at the premises, where the new connection is sought by the petitioner.

Hence, since the WBSEDCL apprehends the splitting of load in the event a new connection is given, it is for the petitioner to refer the matter to the concerned Grievance Redressal Officer (GRO) to resolve such issue.

Hence, WPA No. 6826 of 2022 is disposed of by granting liberty to the petitioner to approach the GRO with the objection raised by the WBSEDCL to the new electricity connection being given to the petitioner. Subject to the outcome of the decision of the GRO or the Ombudsman, if approached thereafter, it will be open to the WBSEDCL to give a new connection to the petitioner, if so held by the said authorities, and/or to refund the quotation

amount deposited by the petitioner in accordance with law, in the event it is held that the WBSEDCL is entitled to withhold such connection to the petitioner. If so approached, the GRO shall decide the issue upon giving adequate opportunity of hearing to all concerned in accordance with law, as expeditiously as possible.

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.)