MD WAKIL Vs. DISTRICT ENGINEER

JUDGEMENT

(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.

(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:

(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.