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SABYASACHI BHATTACHARYYA
Arun Kumar Debnath – Appellant
Versus
West Bengal Electricity Distribution Company Limited – Respondent
JUDGMENT
1. The petitioner has applied for getting a new electricity connection from the West Bengal State Electricity Distribution Company Limited (WBSEDCL) at his newly-purchased plot of land, including shop premises, located at Mouza - athilagori, Plot No.- 551, J.L. No. - 370, Khatian No. - 4273, Contai Municipality, District- Purba Medinipur, after having purchased the same by a registered sale deed dated august 27, 2021 from one Tapas Neogy.
2. The petitioner paid the entire outstanding dues in respect of electricity charges left by the previous owner in order to obtain a new electricity connection in his own name. Subsequently, the application for new connection was made on September 10, 2021. However, the WBSEDCL sat tight over the matter. Since the petitioner was unable to commence business operations from his newly-purchased premises and facing mounting losses, the petitioner sent an advocate's notice on November 18, 2021 to respondent no.3, the Station Manager, Contai Divisional Office of the WBSEDCL.
3. On December 1, 2021 a reply was given by the respondent no.2, that is, the Divisional Engineer and Station Manager, Contai Customer Care Centre, WBSEDCL, disclosing that th
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.
The licensee must grant a new electric connection despite outstanding dues against a prior occupant if the current occupant agrees to pay the amount.
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