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SABYASACHI BHATTACHARYYA
Cesc Limited – Appellant
Versus
Ombudsman – Respondent
JUDGMENT
1. The Distribution Licensee (CESC Limited) has preferred the instant writ petition, challenging an order of the Ombudsman. The respondent no.2 had outstanding dues in respect of an electricity meter at premises no. 27A, Hossain Shah Road, Kolkata. As a result, the CESC Limited disconnected the said supply for non-payment of outstanding dues on February 6, 2018.
2. The respondent no.2, upon applying soon thereafter for a new electricity connection at a different premises in the area at 27A/H/2, Hossain Shah Road, was given a new electricity connection by the CESC Limited on March 19, 2018. The respondent no. 2 regularly cleared all electricity bills for such connection.
3. Subsequently, on March 2, 2021, the CESC Limited sent a letter to respondent no.2, asking the respondent no.2 to clear his pending dues in respect of the previous disconnected supply.
4. Upon the respondent no.2 not making such payment, the CESC Limited issued a notice of disconnection of the second connection, appended with the electricity bill for the month of April, 2021.
5. Respondent no.2 made a representation on May 3, 2021 against the said disconnection notice and bill before the concerned Grievance Re
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.
Supplementary bills can be raised for mistakes, but disconnection for non-payment after two years is prohibited under Section 56(2) of the Electricity Act, 2003.
Electricity Act mandates separate supply for lawful tenants without enforcing previous consumer's dues, as per modern statutory protections.
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.
Regulation mandating deposit of previous consumer's electricity dues for new connections is lawful, ensuring protection of distribution licensee's interests.
A licensee cannot exercise the power of electricity disconnection for the recovery of arrears that are more than two years old, unless such sums were continuously shown as recoverable in previous bil....
The right to recover electricity dues through civil suits is not barred by the two-year limitation for disconnection proceedings under Section 56(2) of the Electricity Act.
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