- (1.) The Court : The petitioner in this art.226 petition dated July 15, 2010 is alleging that CESC has failed and neglected to give her electricity in the discharge of its obligation under s.43 of the Electricity Act, 2003.
(2.) The petitioner applied for electricity to a portion of 85/15, Narkeldanga North Road, Kolkata 700011 claiming that she was in occupation of the specified portion as a tenant therein.
(3.) By a letter dated March 31, 2010 (at p.15) the District Engineer, Calcutta 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.";