January 10, 2022 ARDR (5)

WPA 25067 of 2007 Probir Guchait Vs.

West Bengal State Electricity Distribution Company Limited & anr.

Mr. Tanoy Chakraborty, Ms. Kasturi Tarafdar, Ms. Sumitra Das, …for the petitioner.

Mr. Sujit Sankar Koley, …for the WBSEDCL.

Learned counsel for the petitioner argues that the petitioner agreed to pay the arrear electricity bills for getting reconnection. However, the Distribution Company has refused to give the same.

Learned counsel for the Distribution Company, by placing reliance on the Affidavit in Opposition of the said company, particularly clause (f) at page 4 of the opposition, indicates that, by now, a substantial amount is due in lieu of late payment surcharge up to November 26, 2021.

Leaned counsel appearing for the petitioner places reliance on the petitioner’s reply and argues that the break-up and/or detail of such charges have not been disclosed by the Distribution Company. It is further contended that the Electricity Act came into force only in the year 2003 and the Regulations in question, stipulating the entitlement to claim delayed payment surcharge, was enacted in the year 2006. As such, it is argued that the Distribution Company could not c