Aparna Moulik v. The Cesc Ltd And ORS

22.12.2021 TN WPA No.20421 of 2021 Aparna Moulik Vs.

The CESC Limited and others Mr. S. Bhattacharjee .... for the petitioner Mr. Debjit Mukherjee .... for the CESC Limited The grievance of the petitioner is that the petitioner, who is an octogenarian lady, suffered a disconnection of her electricity supply due to non-payment of dues in lieu of electricity charges. It is submitted that the petitioner is of extremely meagre means and, as such, she seeks an opportunity to deposit such arrear amount by instalments and reconnection of the supply upon payment of the first instalment since, in the absence of electricity supply to the premises, the petitioner is facing various hardships.

Learned counsel for the CESC Limited, on instruction, submits that the CESC Limited, on humanitarian grounds, in this matter as a special

case, has no objection if fifty per cent of the total dues along with additional security charges and reconnection charges are deposited by the petitioner. Upon such deposit, reconnection may be granted. However, in the event the petitioner fails to pay the balance amount by two equal monthly instalments, the CESC Limited would disconnect the supply again. In view of the fair submission made on behalf of the CESC Limited, as a special case considering the helpless condition pleaded by the petitioner, without setting any precedent, WPA No.20421 of 2021 is disposed of by directing the petitioner to deposit fifty per cent of the total dues as assessed by the CESC Limited, along with additional security charges and reconnection charges as payable in law, within seven days from date.

Immediately upon making such payment, the CESC Limited shall restore the connection of electricity to the petitioner's meter, subject to the condition that the petitioner clears the rest balance amount of dues by two equal monthly instalments, spread over the months of January and February, 2022, by the 7th day of each month for the same.

In the event of any default in making such payments, the CESC Limited will be at liberty to disconnect the electric supply again and, in such

event, it will be open to the CESC Limited as well as the petitioner to proceed in accordance with law for further reliefs, if any.

The parties shall act on the server copy of this order, without insisting upon prior production of a certified copy.

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.)