Shibu Dey vs Cesc Limited & Anr
2022 Latest Caselaw 4842 Cal

28.07.2022
sayandeep
Sl. No. 04
Ct. No. 05
                               WPA 16269 of 2022

                                 Shibu Dey
                                  -Versus-
                              CESC Limited & Anr.


                   Mr. Bidyut Kr. Halde
                   Mr. Indranil Halder
                                                  ..... for the petitioner
                   Mr. Debanjan Mukherjee
                                             ....for the CESC Limited




                   The petitioner prays for a direction on the

             respondent Licensee to reconnect the electricity supply

to the petitioner and to quash the provisional and final

orders of assessment dated 22.6.2022 and 28.6.2022.

According to learned counsel appearing for the

petitioner, the supply of electricity was disconnected by

CESC (Licensee) on 26.2.2022. Counsel further submits

that the petitioner filed an application for anticipatory

bail which was granted by a Division Bench on

13.7.2022 directing the petitioner to pay 50% of the

final assessment bill. The petitioner disputes the

provisional and final orders of assessment as well as the

absence of notice before disconnection of the electricity

supply.

Learned counsel appearing for the Licensee

Company submits that an outstanding amount of Rs.

72,519/- remains to be paid by the petitioner and that

the electricity line will be reconnected only upon full

payment. Counsel appearing for the parties have relied

on decisions in support of their contentions.

Upon hearing learned counsel, section 126 of The

Electricity Act, 2003, provides for assessment by the

Assessing Officer in case of unauthorised use of

electricity and the charges to be paid by the person who

has benefitted by such unauthorised use. Section

126(4) provides that any person served with the order of

provisional assessment may accept such assessment

and deposit the assessed amount with the Licensee

within 7 days of service of such provisional assessment

order. Section 127 provides for appeal to the Appellate

Authority where a person may challenge the final order

made under Section 126 within 30 days from the date

of order to the Appellate Authority. Section 127(2)

requires deposit of half of the assessed amount with the

Licensee along with the appeal. The third proviso to

Section 135(1A) of the Act also provides for

deposit/payment of the assessed amount in accordance

with the provisions of the Act.

Therefore, the statutory provisions indicate that

there is no scope for reconnection upon payment of 50%

of the assessed amount. The only provision which

envisages 50% is Section 127 where the persons

aggrieved may prefer an appeal upon payment of half of

the assessed amount.

In Santosh Agarwal vs. The CESC Limited (WPA

No. 18448 of 2021), a learned Judge of this Court held

that a consumer is not entitled to get restoration of

connection upon payment of 50% or any other fraction

of the total assessed amount. This judgment was

affirmed by a Division Bench of this Court by order

dated 5.5.2022 where the Division Bench also relied on

Regulation 6.4 of the West Bengal Electricity Regulatory

Commission (Electricity Supply Code) Regulations,

2013. Regulation 6.4 provides for payment of the

assessed amount by a consumer after being served with

the order of provisional or final assessment. The

Division Bench agreed with the view taken by the

learned Judge that the reconnection of electricity

cannot be made on deposit of 50% of the assessed

amount.

The orders shown on behalf of the Licensee are of

December, 2021 and May/June, 2022 which are more

recent in point of time compared to the orders of a

Coordinate Bench of February, 2021. Counsel

appearing on behalf of the petitioner has not placed any

order of the Appeal Court where the view taken by

another learned Single Judge that reconnection may be

made upon payment of 50% of the amount was

confirmed.

WPA 16269 of 2022 is accordingly disposed of

with liberty to the petitioner to pay the balance amount

as indicated in Annexure P-5 of the writ petition or the

entire assessed amount as the case may be, to the

respondents within a period of 7 days or earlier. The

respondents shall reconnect the electricity supply to the

petitioner within 48 hours from the date on which the

outstanding amount is paid by the petitioner to the

respondent Licensee. The petitioner is also at liberty to

approach the Appellate Authority if the petitioner is

entitled to do so under the provisions of the 2003 Act.

Urgent Photostat certified copies of this order, if

applied for, be supplied to the parties upon fulfillment

of requisite formalities

(Moushumi Bhattacharya, J.)