Calcutta High Court (Appellete Side)
Rajani Kumari Bafna vs West Bengal State Electricity on 10 September, 2014
Author: Patherya
Bench: Patherya
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64
10.09.2014
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WP No. 24838 (W) of 2014 Rajani Kumari Bafna Vs. West Bengal State Electricity Distribution Company Limited & Ors. Mr. Sagar Banerji Mr. Tapas Saha ... For the petitioner Ms. Shampa Sarkar ... For the WBSEDCL Affidavit of service filed in Court today be taken on record.
By this writ petition, the petitioner seeks to set aside the bill dated 31st July, 2014 and the notice dated 21st August, 2014. The notice dated 21st August, 2014 was issued for non- payment of bill for June 2013. The bill for June 2013 was for the sum of Rs.1,20792/- which has been paid in July 2013. Therefore, the basis for issuance of notice dated 21st August, 2014 is non-existent.
From the order passed by the RGRO, Howrah an appeal has been filed before the Ombudsman within the period of limitation by the petitioner. Another reason for setting aside the notice dated 21st August, 2014 is the filing of the appeal 2 before the Ombudsman before the period of limitation. The order dated 26th March, 2014 also provided that in the event payment of current bills was made, no disconnection could be effected. As current bills have been paid, the notice is rendered bad and is accordingly set aside.
In view of the aforesaid, this application is disposed of. As no affidavit-in-opposition has been filed, the allegation contained in the application is not admitted.
Certified copy of this order, if applied for, be given to the parties on priority basis.
(Patherya, J.)