Calcutta HC Orders CESC To Restore Power After Consumer Accused Of Electricity Theft Pays First 50% Of Assessment, Balance In Two Instalments

CESC disconnected the petitioners’ electricity supply following an allegation of theft and issued a final assessment order dated 7 September 2026 for ₹6,75,841.

The petitioners proposed to challenge the assessment in a statutory appeal but sought reconnection on payment of 50% of the assessed amount, relying on earlier orders of the High Court.

CESC opposed the request, contending that the full assessed amount was required for reconnection under Section 135(1A) of the Electricity Act, 2003, and the applicable Supply Code.

Section 135(1A) of the Electricity Act, 2003 permits a licensee to disconnect supply upon detection of theft; its third proviso requires restoration within 48 hours of deposit or payment of the assessed amount or electricity charges.

The Court relied on Sections 126, 127 and 135, and on Regulation 6.4 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013, which provides for reconnection after payment of the provisionally or finally assessed amount.

Following Santosh Agarwal v. CESC Limited, the Court held that depositing 50% to maintain an appeal under Section 127(2) does not, by itself, entitle a consumer accused of theft to reconnection; it also cited CESC Limited v. Smt. Sutapa Nath on the governing position.

The Court further held that the statutory provisions left no scope for reconnection on payment of only 50% of the assessed amount.

The Court treated the request for reconnection on payment of 50% as inconsistent with the statutory and regulatory framework, which it understood to require payment of the full assessed amount for reconnection.

It also observed that the petitioner’s proposed appeal appeared doubtful because the 30-day limitation period had expired and, in the Court’s view, the appellate authority had no power to condone the delay.

Nevertheless, having regard to the petitioner’s pleaded financial hardship, the Court permitted payment of the full assessment in three instalments, in a 50:25:25 ratio, and directed reconnection after receipt of the first instalment.

CESC was directed to restore supply within 48 hours after receiving the first 50% instalment (or the full amount, if paid at once); it could take action in accordance with law if the petitioner defaulted on the remaining instalments or regular electricity bills.

The writ petition and any pending applications were disposed of accordingly.