Pradip Kumar Saha v. West Bengal State Electricity Distribution Company Limited And ORS
04.05.2023 pp.
Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 840 of 2023 Pradip Kumar Saha versus West Bengal State Electricity Distribution Company Limited & Ors.
Mr. Subham Ghosh, Mr. Mayank Ray ...for the Petitioner.
Mr. Subir Kumar Saha, Mr. Pretom Das ...for the State.
Mr. Sudipta Kanta Bhowmik, Mr. Anirban Banerjee, Ms. Dipti Bhowmik ....for WBSEDCL.
The petitioner obtained a construction power connection under consumer ID No.402683485 and installation ID, being No.25050266 pursuant to an application made by the petitioner in September 2021. The petitioner had deposited a sum of Rs.53,228/- on 22nd September, 2021, after which the connection was given. The petitioner received a letter dated 23rd December, 2022 informing the petitioner that the 6 months period from the date of connection is over, so, the petitioner has to submit the load requirement details in procedures - B format within 7 days from the date of receipt of this said letter, failing which the petitioner's construction power connection will be disconnected.
The petitioner says that he has submitted the requisite information on 31st January, 2023. The petitioner says despite such application and information being provided the electric connection which has been disconnected has not been re-installed nor a new electric connection has been given to the petitioner.
On behalf of West Bengal State Electricity Distribution Company Limited (WBSEDCL), it is submitted that electric connection given to the petitioner was for construction purpose. It is restricted under the applicable rules up to 6 months from the date of connection. If the construction work is not complete, then the consumer has to apply for extension. In the instant case, after expiry of 6 months period anticipating that the construction work was complete, WBSEDCL had asked the petitioner to provide for its load requirement. Neither the load requirement was submitted nor any extension for the construction power supply was prayed for within the time period provided in the said letter dated 23rd December, 2022, as a consequence whereof the connection was discontinued. The application which was made by the petitioner on 31st January, 2023, according to WBSEDCL, does not contain the required information and as such, the same could not be processed. Although WBSEDCL submits that the application dated 31st January, 2023 made by the petitioner does
not contain all the information required, but no letter or intimation has been given to the petitioner as to what further information and documents are required from the petitioner to get the construction power connection. I am told that the construction has not yet over. In the aforesaid facts and circumstances, I direct the concerned officer of WBSEDCL to inform the petitioner in writing within 7 days from date as to the specific information and documents needed as per the applicable law and rules for getting construction power connection.
WBSEDCL shall give the connection within 5 days from the date of receipt of all documents and information from the petitioner.
It is made clear that WBSEDCL shall not insist upon unnecessary documents for the purpose of processing the connection and the petitioner shall render all cooperation for getting the connection. The writ petition, being WPA 840 of 2023, is accordingly disposed of.
There will be no order as to costs.
Since no affidavits have been called for, allegations contained in the writ petition are deemed not to have been admitted.
All parties, including the respondent no.3, shall act on a server copy of this order duly downloaded from
the official website of this Court without insisting upon production of certified copy thereof.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of usual formalities.
(Arindam Mukherjee, J.)