The main legal point established in the judgment is that the Ombudsman's order directing the provision of an individual meter was not sustainable under the law due to the failure to consider relevant provisions allowing supply through Block Meters in congested areas.

JUDGMENT

Krishna Rao, J. - For the last several dates the respondents are not appearing in the matter, the petitioner had also served notice upon the respondent but inspite of service of notice none appeared on behalf of the respondents.

The CESC Limited had preferred the instant writ application against the order passed by Ombudsman in Grievance Redressal Case No. C-552K of 2008 (Krishna Das -Vs- CESC Limited) dt. 27.10.08 wherein a direction has been issued to the petitioner to take necessary action for affecting supply connection direct to the complainant by installation of individual meter in favour of the complainant.

The respondent no. 2 Smt. Krishna Das had applied for a separate meter connection for her shop no. a-36, namely ajanta Digital Studio having an area of 75 square feet situated in Calcutta Greens Commercial Complex at 1050/2, Survey Park, Kolkata- 700075 on 28.12.2006 for a load of 3 KW at commercial rate. On inspection of the shop room on 05.01.2007 it was found that the respondent no. 2 like all other shop owners in the said commercial complex are getting supply through one of the two Block Meters existing at the commercial complex in the name of Calcutta Greens Shop Owners' association and accordingly the petitioner had informed to the respondent no. 2 for inability for providing a separate meter in the said shop.

On the refusal of the petitioner for grant of separate meter, the respondent no. 2 lodged a complaint with the Central Grievance Redressal Officer of the petitioner Company on 26.09.2007 relating to supply of individual meter in the shop of the respondent no. 2. The Company intimated the respondent no. 2 that her grievance application has been referred to the Deputy Manager (Southern District) who is the Grievance Redressal Officer for supplying of meters pertaining to the area in which the shop of the respondent no. 2 was located. By a letter dt. 27.09.2007 it was further informed to the respondent no. 2 that the Grievance Redressal Officer would investigate the matter and if necessary hearing would be given by him to the respondent no. 2 in order to redress the grievance raised by the respondent no. 2. The respondent no. 2 without waiting for the decision of the Grievance Redressal Officer, had approached the respondent no. 1, the Ombudsman on 11.10.2007 on the allegation that petitioner has not provided separate meter to the respondent no. 2 in her shop room. The Grievance Redressal Officer vide his letter dt. 27.10.2007 informed the respondent no. 2 that in terms of the agreement of the Company with the West Bengal Housing Board, the shop room of the commercial complex are to be catered from a single point Block Meter supply. It was further informed that as per the agreement, Meter No. 3575949 has already installed by the Company in favour of the Calcutta Greens Shop Owners' association for catering to the individual shop owners including the respondent no. 2. It was further informed that the issue with regard to obtaining supply from the supply meter for the shop room of the respondent no. 2 may be taken up with the association. The Officer has further informed that in terms of the agreement, the company is not in a position to entertain the individual requisition for such purposes.

On receipt of the complaint of the respondent no. 2, the respondent no. 1 had initiated proceedings and issued notice to the petitioner and on 27.10.08, the Ombudsman passed an order which is impugned in the instant writ application. The Counsel for the petitioner further submitted that as per Clause 19 of the West Bengal Electricity Regulatory Commission.

'In bustees, markets etc where it may not be possible to segregate one consumer from an adjacent consumer because of existence of very large number of consumers in a relatively small premises, and where because of multiplicity of wirings of such a large number of consumers, there may arise fire and safety hazards, the licensee may affect supply of electricity to all