Calcutta High Court (Appellete Side)
Amlan Kumar Ghosh And Another vs The Calcutta Electric Supply on 10 April, 2017
10.04.2017.
Item No. 39W.P. 8896(W) of 2017 Amlan Kumar Ghosh and another.
Vs. The Calcutta Electric Supply Corporation Limited and others.
Mr. Basudev Gayen, Mr. Subhas Jana.
... for the petitioners.
Mr. Om Narayan Rai.
... for the CESC.
The petitioners are challenging the action of the Licensee Company in disconnecting the supply of electricity on the alleged ground of theft.
It appears that there were two meters installed in the name of the father and mother of the petitioners at the said premises through which the petitioners were enjoying the electricity at their premises. On surprise inspection, the Licensee Company found that one of such meter was not recording the correct consumption of electricity as there was a tampering in the seal and the actual units were not registered. During the inspection the load was found much higher, which suddenly dropped. The inspection report further depicts the electrical gadgets used by the petitioners at the said premises in order to justify the said tampering of the meter.
A provisional assessment order is passed by the authorities and communicated to the petitioners whereby and whereunder the petitioners were found to have unauthorizedly used the electricity to the tune of Rs. 1,38,218/- from one of such meter. Since other meter was also catering the supply at the said premises and the authorities apprehend that the petitioners are enjoying the electricity through the said meter, disconnected the supply from the said meter as well.
Admittedly, the petitioners did not file any objection to the provisional assessment order and it is communicated today that two opportunities were given to the petitioners yet they did not avail the same and a final order of assessment accepting the amount provisionally assessed is already passed. The final assessment order has not been communicated to the petitioners as the same has been passed day before yesterday.
Liberty is granted to the petitioners to challenge the said order before the appellate authority under Section 127 of the Electricity Act, 2003, if so advised.
The petitioners are directed to pay fifty per cent of the amount provisionally assessed and subsequently affirmed finally within three days from date.
On receipt of the said amount the Licensee Company is directed to restore the supply of electricity through a meter where the authorities themselves did not find any tampering. The Licensee Company shall also affix a new meter in place and instead of removed meter, which was allegedly found tampered within the time as indicated above provided the reconnection charges as well as the meter charges are deposited by the petitioners.
If no appeal is filed under the aforesaid provision, the petitioners shall liquidate the balance amount within fifteen days from the date of demand made by the Licensee Company and default will attract the disconnection of supply without any reference.
If the appeal is filed before the appellate authority, the appellate authority is directed to consider and dispose of the same within six weeks from the date of its initiation by recording proper reasons.
Apart from the same, the petitioners shall go on paying the current bills as and when raised by the Licensee Company after reconnection and it is open to the authorities to take steps in the event default occurs.
The writ petition is, thus, disposed of. There shall, however, be no order as to costs.
ab (Harish Tandon, J.)