MENU PODDAR Vs. CESC LTD

JUDGEMENT

(1.) There is no dispute that the petitioner submitted an application for supply of electricity. There is also no dispute that the application was submitted on January 11, 2005. The further undisputed fact is that by a letter dated January 11, 2005 CESC informed the petitioner that it would need sometime to investigate into the connected facts for giving final decision in the petitioner's application. Since the application remained unconsidered and final decision was not given in it, the petitioner took out this writ petition dated March 22, 2005.

(2.) In terms of Section 43 of the Electricity Act, 2003 CESC was under the unqualified obligation to give final decision in the petitioner's application within one month from the date of the receipt of the application. Admittedly the decision has not been given. Advocate for CESC argues that on subsequent inspection and investigation it revealed that dues of the landlord remained unpaid and petitioner applied for supply of electricity to the premises (she claimed to be a tenant) only after the electricity supply was disconnected by CESC to the premises. I am unable to appreciate the argument for the simple reason that CESC was under an unqualified obligation to dispose of the petitioner's application within the statutory period.

(3.) In my view the duty cast by provisions of Section 43 is an unqualified one and rigour of the provision would appear from the simple fact that the law makers made law that in case of failure for supply of electricity within the period specified (I would read and understand this provision also to say that in case of failure to give the final decision in the application made by a person for supply of electricity within the period specified in sub-section (1) of Section 43 the licensee (here CESC) would be liable to pay a penalty which may extend to Rs. 1,000/- for each day of default. Here I have no doubt that CESC has failed to act in terms of provisions of Section 43.I have also no doubt that by reason of such failure CESC has incurred a liability to pay penalty to the petitioner and it can be upto Rs. 1,000/- for each day of default.