- (1.) The Petitioner in this Article 226 petition dated July 15,2010 is alleging that CESC has failed and neglected to give him electricity in the discharge of its obligation under Section 43 of the Electricity Act, 2003. The Petitioner applied for electricity to a portion of 5 Kasai Bustee 1st Lane, Kolkata 700 011 claiming that he was in occupation of the specified portion as a tenant therein.
(2.) By a letter dated March 30, 2010 (at p. 15) the District Engineer, Kolkata North District of CESC Limited informed the Petitioner as follows: Pursuant to receiving your application vide Annexure 'A' for obtaining estimate for providing supply of electricity at the above and our subsequent inspection, we regret our inability to accede to your request for separate metered supply as the existing meter from which you are getting supply is of adequate capacity to cater to your load requirement as asked for. Please note that arrangements will be made to refund the Earnest Money deposited by you after deducting 25% from the same in terms of Clause 15 of the Regulation No. 22 of the Learned West Bengal Electricity Regulatory Commission if we do not receive from you any communication within 45 days from the date of this letter without further reference to you.
(3.) Counsel for CESC submits that in view of the provisions of Regulation 15 of the West Bengal Electricity Regulatory Commission (Recovery of Expenditure for Providing New Connections) Regulation, 2005 the Petitioner's remedy, if any, was in the office of the Ombudsman. Counsel for the Petitioner submits that the Petitioner is without electricity. Correctness of this submission is disputed by counsel for CESC who says that through the meter having adequate capacity all the tenants in the premises can comfortably enjoy electricity. His further submission is that the Petitioner has been enjoying electricity.;