M/S Asha Medical And ANR v. West Bengal State Electricity Distribution Company Limited And ORS

D/L. 27.

February 7, 2024.

MNS.

WPA No. 28891 of 2023 M/s Asha Medical and another Vs.

West Bengal State Electricity Distribution Company Limited and others Mr. Pinaki Ranjan Chakrabarti ... for the petitioners.

Dr. Madhusudan Saha Roy ...for the WBSEDCL.

Mr. Subrata Bhattacharya, Mr. Indranuj Datta, Ms. Shipra Santra ...for the respondent no. 6.

1. The petitioners submit that the petitioners are tenants in the disputed property and were enjoying electricity connection. Subsequently however, without any notice to the petitioners, the same was transferred in the name of the private respondent by the West Bengal State Electricity Distribution Company Limited (WBSEDCL). It is argued that the same is palpably de hors the law.

2. Learned counsel for the WBSEDCL submits that at the juncture when the application for transfer was made by the private respondent, an affidavit purportedly signed by

petitioners was also produced by the private respondent on the basis of which the WBSEDCL proceeded on the premise that there was consent given by the petitioners, for which the transfer was made.

3. However, learned counsel for the private respondent no. 6 submits that the private respondent is a lessor under the Urban Development & Municipal Affairs Department, Government of West Bengal, which is the owner and superior landlord in respect of the premises. On such premise and in terms of agreement between private respondent and the Urban Development & Municipal Affairs Department, Government of West Bengal, the connection was transferred in the name of the private respondent.

4. Clause 7.2 of Regulation 46 of the West Bengal Electricity Regulatory Commission (WBERC) is specific on the issue that a 'no objection certificate'

from existing consumer as per format given in Annexure A2, mentioning the continuance of security deposit or refund of it to the person who deposited it, has to be furnished. That apart, other documents are also required to be furnished.

5. However, judicial notice is hereby taken of the fact that several instances are coming up before the court where the applicant is producing an affidavit/no objection certificate alleged to have been issued by the existing consumer, upon which the transfer is being effected, giving rise to unnecessary multiplicity of litigation.

6. Hence, it is advisable that Clause 7.2(a) of the Regulation 46 of the WBERC has to be construed in such a manner that even if a no objection certificate purportedly executed by the existing consumer is produced on behalf of the transferee and not by the existing consumer himself of herself, the WBSEDCL shall give a notice to the existing consumer nonetheless, at least for the purpose of verifying as to whether the existing consumer has actually executed such no objection certificate and is aware of it being presented, before carrying out the transfer in favour of a third party.

7. In the present case, for example, the petitioners categorically deny that any no objection certificate was issued by the petitioners.

8. Hence, instead of wasting further time for all concerned by unnecessarily keeping the writ

petition pending, WPA No. 28891 of 2023 is disposed of by directing the WBSEDCL to fix a date of hearing, upon prior notice to both the petitioners and the private respondent, and thereafter upon hearing both sides, to decide whether the petitioners had actually issued the no objection certificate.

9. Such exercise shall be concluded within three weeks from date.

10. In the event the WBSEDCL is of the prima facie opinion that no objection certificate was not issued by the present writ petitioners, within a week thereafter the WBSEDCL shall revert back the name in respect of the concerned meter to that of the petitioners from the private respondent.

11. However, in the event the WBSEDCL is of the opinion that the petitioners had granted a no objection certificate, it will be open to the petitioners to apply for a fresh electricity connection. It will also be open to the petitioners in such case to challenge the decision of WBSEDCL before an appropriate forum.

12. It is made clear that nothing in this order shall preclude the private respondent as well to apply for a fresh electricity connection in its own name, in which case the transfer in

favour of private respondent shall automatically be reverted back to that of the petitioners.

13. There will be no order as to costs.

14. 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.)