Goutam Dey v. West Bengal State Electricity Distribution Company Limited And ORS.

Court No. 3 WPA 24559 of 2024 (266146) 13.02.2025 Goutam Dey Vs.

West Bengal State Electricity Distribution Company (AD 18) (S. Banerjee) Limited & Ors.

Mr. Sanjib Kumar Mal Mr. Atanu Roychowdhury Mr. Pushan Majumder ...for the petitioner Dr. Madhusudan Saha Roy ...for the WBSEDCL In the present writ petition, the petitioner is challenging the impugned order dated 12.09.2024 passed by the respondent no. 5, whereby the respondent no. 5 rejected the petitioner's prayer for payment of the outstanding amount through installment qua Consumer ID No. 113119214.

It is the case of the petitioner that he is the sole proprietor of a firm called "Mother Hatchery". The petitioner further contended that the respondent authorities installed an electricity meter having No. ST703722 at his premises with Consumer ID No. 113119214, Installation No. 203114. The cause of action for preferring the present writ petition is that the respondent authorities raised a bill dated 10.08.2023, for the period starting from June, 2021 to July, 2023, on the petitioner for an outstanding sum of Rs. 69,31,130.96. The petitioner further contended that while calculating the said

outstanding dues, the respondent no. 1 failed to consider the payments made by the petitioner to the respondent no. 1 during the said period. In the above mentioned circumstances, the petitioner has preferred a representation before the concerned Station Manager and had sought the permission to clear the outstanding dues in installments. However, vide letter dated 12.09.2024, the respondent authorities had rejected the said prayer of the Petitioner. Being aggrieved by the said rejection, the petitioner has preferred the present writ petition. Learned counsel for the respondent no. 6 submits that the final order dated 12.09.2024 passed by the Station Manager, is an appealable order under Clause 3.5.1 of the West Bengal Central Electricity Commission, vide Notification dated 7th August, 2013 before the Regional Grievance Redressal Officer or the Central Grievance Redressal Officer of the respondents, as the case may be. If the petitioner is aggrieved by the order of the Regional Grievance Redressal Officer, he can prefer an appeal before the Ombudsman.

In view of the submissions made by the learned counsel for the respondent authorities, the petitioner seeks to withdraw the present writ petition with liberty to approach the Regional Grievance Redressal Officer in accordance with law.

In view of the fact that the petitioner can avail his remedy before the Regional Grievance Redressal Officer, this Court deems it appropriate to relegate the petitioner before the said concerned authority in terms of Clause 3.5.1 of the West Bengal Central Electricity Commission vide Notification dated 7th August, 2013.

In view of the above direction, the present writ petition is disposed of.

Since no affidavit has been called for, all allegations made in the writ petition shall be deemed not to have been admitted by the respondents. (Gaurang Kanth, J.)