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Judgment
WBSEDCL has filed affidavit explaining the current dues to the extent of Rs.10,44,50,282.16. These dues, according to WBSEDCL, have arisen out
of current consumption from December, 2020 to June, 2021. It is explained that the payment amount during the month against Column-G at page 7 of
Rs.13,17,99,151/- is the payment made against bills on dates later than the due date.
Therefore, the accumulated past dues including LPSC during this current period have been mentioned at the bottom of the bills annexed to the
rejoinder.
Mr. S.K. Kapur, learned Senior Counsel appearing for the petitioner, would counter the argument of the WBSEDCL by submitting that there are no
current dues that could be outstanding. It is also submitted that if any amount of dues was there during the period from January to June, 2021,
disconnection would have been effected much earlier. It is also argued that the sum of Rs.10,44,50,282.16, now explained as current dues for the
period from December 2020 to June 2021, is an afterthought and actually represent late payment charges for amounts that accrued sometime in the
year 2015.
There is prima facie evidence before this Court that all sums against bills raised have not been paid within the due dates. In fact, payments against
some bills have been made in instalments from time to time, after the due date.
Having considered the entire facts, this Court is of the view that a large number of disputed questions of fact emerge which cannot be gone into by a
writ court. The Electricity Act, 2003 provides for a Central Grievance Redressal Officer (CGRO) under Section 42 of the Act.
The dispute between the parties is referred to the Central Grievance Redressal Officer (CGRO).
The parties may produce relevant documents and records indicating the heads under which payments have been made and adjusted towards which
particular bill.
Late payment charges against current bills and the actual payment adjusted whether against the principal amount of bill or towards late payment
charges will have to be demonstrated by the WBSEDCL. The CGRO shall receive the pleadings from the WBSEDCL as well as the petitioner on
affidavit and CGRO shall dispose of the issue raised in the writ application positively and mandatorily within a period of one month from the date of
communication of this order.
At this stage Mr. S.K. Kapur, learned Senior Counsel for the petitioner, prays for time to address Court more elaborately on the point of Section 56(2)
of the Electricity Act, the dues having accrued beyond the period of two years could not have been either claimed nor could have been the basis for
disconnection.
Let this matter therefore stand adjourned until Monday (09.08.2021) for further hearing.