Prafulla Kumar Sahoo and Others vs Chief Executive Officer, Central Electricity Supply Company of Orissa Ltd. and Others

A.K. Patnaik, J.—The petitioners were being supplied with electricity by the Central Electricity Supply Company of Orissa Ltd. The transformer through which supply of electricity were made was burnt in October, 2003. Thereafter, the transformer has not been replaced and as a result, the petitioners have not been supplied with electricity. Aggrieved, the petitioners have filed this writ application for a direction to the opposite parties to take immediate steps for restoration of transformer in Nandan-1 Sub-station and supply power to the petitioners immediately.

Mr. Rath, learned counsel for the petitioners submitted that the petitioners are all prepared to pay the arrear dues on account of electric supply to them and on payment of such arrear dues supply of electricity may be restored to them.

Mr. Swain, learned counsel for the opposite parties on the other hand submitted that the statement in Annexure-1 to the writ application would show that the consumers in the area have not paid a huge amount of arrears totalling to Rs. 11,68,176/- and unless a substantial amount is received towards the said arrears it is not possible for the CESCO to replace the transformer and to give power supply to the petitioners.

Disconnection of electricity to a consumer by a licensee is governed by Section 24 of the Indian Electricity Act, 1910 and Clause 96 of the OERC Distribution (Condition of Supply) Code, 1998. The said provisions of Section 24(1) of the Act and Clause 96 of the Code are quoted herein below.

Section 24 of the Act :

"Discontinuance of supply to consumer neglecting to pay charge: (1) where any person neglects to pay any charge for energy or any (sum other than a charge for energy) due from him to a licensee, in respect of the supply of energy to him, the licensee may, after giving not less than seven clear day''s notice in writing to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply and for that purpose cut or disconnect any electric supply line or other works, being the property of the licensee through which energy may be supplied and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid but no longer."

Clause 96 of the Code:

"Where a consumer neglects to pay the charges or dues or any party of the charges or dues the engineer may after giving him not less than seven clear day''s notice in writing and without prejudice to the other rights and modes available for realisation of the amount, disconnect the supply until the charges or dues and reconnection charges are paid by the consumer. Failure to take steps for clearance of the dues within a period of two months from the date of service of bill shall render the agreement liable to termination provided that initial period of agreement is over."

It is clear from the aforesaid provisions of Section 24(1) of the Indian Electricity Act and Clause- 96 of the OERC Distribution (Conditions of Supply) Code, 1998 quoted above, that when a consumer neglects to pay any charge or energy or any other sum other than charge for energy due from him to a licensee in respect of energy supplied to him, the licensee is entitled to cut off the supply after giving notice of seven days to the consumer and disconnect the supply until such charge of other sum with any other expenses incurred by him in cutting off and reconnecting the supply are paid, but no longer. Similarly Clause 96 of the OERC Distribution (Conditions of Supply) Code, 1998 quoted above shows that where a consumer neglects to pay the charges or any part of the charges, the Engineer may disconnect the supply after giving seven clear days notice to the consumer until the charges or dues and reconnection charges are paid by the consumer. Thus, so long as the electricity charges for energy or any other charges due from a consumer to a licensee is not paid, supply of electricity ban be disconnected, but once the consumer pays such charges and charges for disconnection and reconnection, the supply of energy has to be restored by the licensee. The licensee, therefore, cannot take a stand that until all other consumers in the area for whom supply of electricity is made through the concerned transformer clear up their dues supply cannot be restored to the consumers who have already paid the charges for energy and the other charges and disconnection and reconnection charges.

For the aforesaid reasons, we dispose of the writ application by directing that on the petitioners paying the energy and other charges due from the petitioners and on the petitioners paying disconnection and reconnection charges, electricity supply will be forthwith restored to the petitioners by the opposite parties.

M.M. Das, J.

I agree.