WBSEDCL defaulted of Rs 42 lakh by a company
Kolkata: The Calcutta High Court has upheld the state government’s decision of not to provide new power connection to a person who is attached to a company run by his family which defaulted the state of Rs 42 lakh of electricity bill, apart from delayed payment of surcharges.
The Bench of Justice Debagshu Basak and Justice Shabbar Rashidi was hearing a case wherein the West Bengal State Electricity Distribution Company Limited (WBSEDCL) (appellants) challenged a judgement and order of the High Court that ordered providing a person with new electricity connection.
In the case, the WBSEDCL had denied providing new electric connection to a person who was allegedly attached to a company which defaulted the state of electricity bill in excess of Rs 42 lakh apart from delayed payment of surcharges.
It was learnt that the writ petitioner (private respondent) was gifted two plots of land (Plot no 424 & 381) by his father as a gift deed. The petitioner sought for new electricity connection in respect of a unit to be run from these two plots of land. The issue before the court was whether WBSEDCL could have given a new connection in the wake of the petitioner’s association with a company run by his family which already owed Rs 42 lakh to WBSEDCL.
The WBSEDCL counsel submitted that a notification by West Bengal Electricity Regulatory Commission (WBERC) notification dated May 31, 2010 stated that for obtaining a new connection, all outstanding dues in respect of other services should be cleared. Further, it was stated that according to a promulgated regulation under WBERC a licensee is eligible to recover from a subsequent and new consumer the dues of the previous and defaulting consumer in respect of the same premises only if a nexus between the previous and the defaulting consumer and the new consumer, in respect of the same premises, is proved. However, the onus of proving is upon the licensee.
The court observed that WBSEDCL succeeded in establishing that the nexus between the petitioners and the company. The court said the petitioner is the shareholder of the defaulting company which did not pay the power dues. It was also observed that the petitioner and his family (father & brothers) are shareholders of the defaulting company.
The court said the outstanding dues need to be paid for seeking a new connection. The division bench set aside the single bench judgement.
