Authority: Samar High Court (Division Bench)
Order Date: 24 July 2026
Case Overview
- Petitioner: Saraswati Garai, represented by advocates Mr. Abhijit Chakraborty and Mr. Ishwar Chandra Sharma.
- Respondents: West Bengal State Electricity Distribution Company Limited (WBSEDCL) and others, represented by Dr. Mudhusudan Saha Ray and Ms. Debangana Dey.
- The petition sought a direction for WBSEDCL to refund the sum paid by the petitioner’s husband under a final order of assessment issued pursuant to Section 126 of the Electricity Act, 2003 for alleged unauthorized electricity use.
- The husband had been assessed, paid the assessed amount, and subsequently faced a criminal proceeding under Section 135 of the same Act, from which he was acquitted.
- The petitioner argued that the criminal acquittal demonstrated no unauthorized use and thus the civil payment should be refundable. The respondent contended that civil liability under Section 126 is independent of criminal liability and that the final assessment remains valid.
- The petition was also challenged on the ground of lack of privity of contract, as the petitioner herself was not the consumer; her husband was.
Final Outcome
- The Court held that civil liability under Section 126 is a separate compartment from criminal liability; an acquittal does not automatically render the civil payment refundable.
- The lack of privity of contract further precludes the wife from maintaining the writ.
- Consequently, the writ petition is dismissed with no order as to costs. The petitioner is free to explore other legal remedies.
Topics: Refund Claim, Civil Liability