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2008 Supreme(Cal) 873
High Court Of Calcutta
Dipankar Datta, J.
Ashit Kumar Palit : Appellant
Versus
West Bengal Steel Electricity Distribution Company Ltd. : Respondent
W.P. 1576(W) of 2008
Decided On : Aug 28, 2008
Arnab Chakraborty, Arunava Ghosh, Kishore Dutta, Koushik Mondal, Runa Palit, S.Roy Chaudhary,
A licensee cannot disconnect electricity supply to a premises based solely on the request of the person whose name is recorded as a consumer without putting the person in occupation of the premises and actually consuming electricity on notice and without assigning any reason.
Headnote:
ELECTRICITY ACT - DISCONNECTION OF SUPPLY - ACT SECTIONS: 185 (2) (A), 43, 126, 127, 152 - A licensee cannot disconnect electricity supply to a premises based solely on the request of the person whose name is recorded as a consumer without putting the person in occupation of the premises and actually consuming electricity on notice and without assigning any reason.
Fact of the Case:
A licensee disconnected electricity supply to a portion of a premises based on a request from one of the successors-in-interest of the recorded consumer, who had died. The petitioner, who was in occupation of the premises and had been paying electricity charges, challenged the disconnection.
Finding of the Court:
The court held that the petitioner was a consumer in terms of the Electricity Act, 2003, as he was in occupation of the premises and was paying electricity charges. The court further held that the licensee acted illegally in disconnecting supply on the request of one of the successors-in-interest of the recorded consumer without putting the petitioner on notice and without assigning any reason.
Issues: Whether a licensee is justified in disconnecting electricity supply to a premises based solely on the request of the person whose name is recorded as a consumer without putting the person in occupation of the premises and actually consuming electricity on notice and without assigning any reason.
Ratio Decidendi: The court relied on the definition of 'consumer' in the Electricity Act, 2003, which includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee. The court also relied on the provisions of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007, which allow a consumer to make a request for disconnection of electricity supply, but only after fulfilling certain conditions.
Final Decision: The court allowed the petition and directed the licensee to restore electricity supply to the premises within three weeks from the date of the order. The court also restrained the licensee from disconnecting supply to the other portions of the premises till such time an appropriate decision is taken on the request of the successors-in-interest of the recorded consumer in accordance with law.
1. WHETHER a licensee would be justified in disconnecting supply of electricity to a premises based on a request of the person whose name is recorded as a consumer thereof in its books and records without putting the person in occupation of the said premises and is actually consuming electricity on payment of charges there for, is the question which falls for a decision on this writ petition.
2. THE predecessor-in-interest of the added respondents, Sri Asit Ranjan Bose was the lessee of a plot of land bearing No. DB 65, Salt Lake, Kolkata 700 064, the lease having been granted by the State of West bengal sometime in December, 1973. He had entered into a development agreement dated 15th December, 1985 with the petitioner whereby he was entrusted to develop the plot of land by constructing a multi-storied building thereon. In terms thereof, on completion of construction Sri Bose was entitled to a flat measuring 1700 sq. ft. on any one floor while the petitioner had the authority to sell the remaining flats on the other floors to intending purchasers. The petitioner in due course of time completed construction of the building (hereafter the premises in question)and entered into possession thereof. However, owing to differences and disputes between the petitioner and Sri Bose, possession of any agreed portion of the premises in question could not be obtained by him and the premises in question in its entirety is still being occupied by the petitioner.
It appears from the application for intervention filed by the added respondents that application for supply of electricity to the premises in question was made by their predecessor-in-interest allegedly on the instigation of the petitioner. Pursuant thereto, a consumer number being C551476 was allotted to the applicant and the licensee commenced supply of electricity which is being enjoyed by the petitioner, since 1994, on payment of necessary charges by him.
3. SRI Bose, the recorded consumer, died on 13th August, 2001. It is the case of the added respondents that after his death, they tried their best to persuade the petitioner to hand over possession in terms of the agreement but he did not pay any heed. Ultimately one of the added respondents made a request to the licensee to disconnect supply. Acting on the said request, the licensee disconnected supply of electricity to a portion of the premises in question on 17th January, 2008. Questioning the legality and/or propriety of the action of the licensee, the petitioner invoked the writ jurisdiction of this court by filing the present petition praying, inter alia, the following relief :
"a) A writ of and/or in the nature of Mandamus do issue commanding the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forbear from disconnecting the supply of electricity in the entire premises of the petitioner, without showing any reason, in any manner whatsoever;
b) A writ and/or in the nature of Mandamus do issue commanding the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith reconnect the meter No, KK028512, Consumer No. being c551476 of the said phase at the premises of the petitioner without any delay whatsoever;
c) A writ of and/or in the nature of Certiorari do issue directing the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith transmit the entire records of the instant case framing the basis of purported disconnection of electricity of one phase of the premises of the petitioner Meter No. KK028512, Consumer no. being C551476, and all the records relating thereto before this Hon'ble Court and to certify them and on being so certified, quash the same so that conscionable justice may herein be administered;"
4. MR. Dutta, learned Counsel appearing for the petitioner submitted that in terms of the Indian Electricity Act, 1910 (here
