Kalyan Jyoti Sengupta, J. - (1.) In this matter in spite of direction no affidavit-in-opposition has been filed. It was decided that this matter should be dealt with without any affidavit-n-opposition and this has been precisely recorded in my order dated 16.6.2000. therefore, the averments and allegations made in the writ petition are to be taken as correct and statement made in the writ petition together with its annexures are to be taken as a correct.
(2.) The trouble has started because of a demand letter dated 30th March, 2000 issued by the West Bengal State Electricity Board to the writ petitioner whereby a sum of Rs. 18,20,306/- has been demanded for payment on account of the un-metered consumption. In the letter itself it is contended that there was recording of low consumption from August 1996 to November 1998. It is specifically mentioned that due to less registration in the meter in respect of Kwh consumption and demand in KVA due to non-existence of R-phase LT fuse together with this letter a supplementary bill of the aforesaid amount has been forwarded.
(3.) It is contended by Mr. Samanta that such a demand notice together with the bill is wholly unauthorised and de hors the provision of section 24 of the Indian Electricity Act. Mr. Samanta argues that if there is any defect in meter due to any reason whatsoever, it was open for the W.B.S.E.B. to refer such dispute to the Electrical Inspector as contemplated in section 26(6) of the Indian Electricity Act, 1910. Until such decision there cannot be any dues or outstanding to be paid by the petitioner and for such purpose no disconnection can be effected. Mr. Samanta contends on merit that in any event demands relates to a period of August 1996 to November 1998, such -claim cannot be made under the provisions of section 24 of the aforesaid Act. Therefore, on the face of it the demand is wholly unauthorised and so to say claim is barred under this statute. In support of his contention he relies on the following decisions : AIR 1987 Delhi 224; AIR 1985 MP 70 ; AIR 1988 SC 71.;