Calcutta High Court (Appellete Side)
8536W/2013 on 24 January, 2014
Author: Sambuddha Chakrabarti
Bench: Sambuddha Chakrabarti
1
January, 24
2014.
r.c.
W.P. 8536 (W) OF 2013
Mrs. Amrita Sinha...for Petitioner
Ms. Sampa Sarkar...for Respondens
Let the affidavit in opposition filed in
Court today be kept with the record.
Mrs. Sinha, the learned advocate for the
petitioner has a very simple prayer. She wants
implementation of the order passed by the
Regional Grievance Redressal Office (RGRO) and
Divisional Engineer, (E) Hooghly Regional Office
i.e. the respondent no.4 herein. By the said order
dated October 20, 2012 the said respondent no.4 had directed the Station Manager i.e. the respondent no.3 herein to arrange for the installation of a defect free tested electronic meter in series to test the performance of the existing one. The licensee was directed to take necessary action for replacement of the meter and to recast the energy bills of the last two months or any other action that might deem fit to redress the grievance of the petitioner. Mrs. Sinha submits that during the pendency of the writ petition a 2 new electronic meter has been installed. After the installation of the new meter, a bill was raised which has been annexed to the affidavit in opposition as annexrure R1 that shows that a sum of Rs.11,715/‐ for the period from February 2012 to January 2013. It may be mentioned that the petitioner had deposited Rs.10,000/‐ pursuant to an order dated July 22, 2013 and as such the total balance payable at this stage is Rs. 1,715/‐ (one thousand seven hundred fifteen). It was sent to the petitioner by registered post with acknowledgement card during the pendency of the writ petition but the petitioner had declined to receive the same. Since Mrs. Sinha has not filed any affidavit in reply, these allegations remain uncontroverted, though Mrs. Sinha vehemently denies the same at the Bar. However, the stand of the respondents stands vindicated by the next annexure R2 which is a copy of the acknowledgement card showing the same being refused by the petitioner.
Be that as it may, I dispose of the writ petition by giving liberty to the petitioner to deposit Rs.1,715/‐ against the bill marked as annexure R1 to the affidavit in opposition.
I give liberty to the petitioner to deposit and direct the respondents to accept if such 3 payment is tendered to them i.e. the said amount of amount of Rs. 1,715/‐ Mrs. Sinha has assured the Court that the petitioner is willing to make payment within a period of two weeks from today.
The respondents are directed to raise fresh energy consumption bills from March 2013 at once in accordance with the Rules for the subsequent period and send them in the usual manner to the petitioner on the basis of the readings in the newly installed meter and the petitioner is directed to go on making payment as per the bills. The petitioner is directed to extend all cooperation to the respondents in taking the readings of the meter.
The writ petition is disposed of.
There shall however, be no order as to costs.
Urgent xerox certified copy of this order, if applied for be supplied to the learned advocates appearing for the parties.
(SAMBUDDHA CHAKRABARTI‐J) 4 5