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Calcutta High Court · body

2000 DIGILAW 535 (CAL)

CESC Limited v. Tapsri Basu

2000-11-06

Ashok Kumar Mathur, RONOJIT KUMAR MITRA

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Order The Court: There will be an order in terms of prayer (a) of the petition. 2.This appeal is directed against the order passed by the Learned Single Judge dated February 3,2000 whereby Learned single Judge directed to give supply to the petitioner-respondent within three weeks from the date of communication of the order and Learned Judge further specifically directed the CESC to inform the petitioner as to what steps to be taken by her within one week from the date of the order and CESC shall issue all necessary froms which are required for this purpose to the petitioner. It was also ordered that it is desirable that CESC shall not insist upon any step which is unreasonable. Aggrieved by the present order the present appeal has been filed by the CESC. The question is that whether it is an issue of safety to have DC supply and AC supply simultaneously in the same premises. Looking to this technical issue involved in the matter we thought it proper to seek advise from a third party. Therefore, we direct the Chief Electrical Inspector of the West Bengal to submit a report that whether it will be hazardous or both can survive .without causing any danger to the building or occupant of the house. A report had been submitted by Mr. P.K. Roy, Regional Chief Electrical Inspector, West Bengal dated April 10, 2000 whereby the Inspector has pointed out that normally both type of supply i.e. AC and DC should not be used in residential premises at the same time because it is likely to cause electrical hazards to the domestic users. It is also opined that on the basis of the above he would not favour two types of supply in the same premises being residential one which is likely to injure and hazard the users. It is observed that a single family already connected with one type of source of power, so another sources of power being once redundant, invites undue drainage of funds for drawing additional separate network. It is also observed that in order to draw parallel supply both the supplies has to be stretched maximum apart from the safety point of view. The fact is that" slowly and slowly supply of the DC supply is being phased out, as submitted by learned Counsel for the CESC. It is also observed that in order to draw parallel supply both the supplies has to be stretched maximum apart from the safety point of view. The fact is that" slowly and slowly supply of the DC supply is being phased out, as submitted by learned Counsel for the CESC. In view of the opinion given by the Regional Chief Electrical Inspector that to supply both the kinds of energy i.e. AC and DC in a same residential premises can cause hazard. Therefore, we are of the opinion that the order passed by the learned single Judge dated February 3,2000 is set aside and we direct that the CESC shall install AC meter at their cost and shall bear all other expenses for installing that meter and to draw the supply line at their cost. However, it will be open for the petitioner- respondent to see whether the internal wiring can stand AC supply or not. That will be the concern of the petitioner consumer. So far as the installation of meter and other expenses involving drawing of the transmission lines etc. shall be at, the expenses of the CESC. The other expenses which are required shall be borne by the petitioner consumer other than party pointed out in the order. 3. The appeal and the application are both disposed of. There will be no order as to costs. 4. Parties shall act on a xerox of the signed copy of this dictated order on the usual undertaking. Appeal and application disposed of.