JUDGEMENT

J.N. Sarma, J. - (1.)THIS application under Article 226 of the Constitution of India has been filed with a prayer to quash the impugned Bill and letter, Annexure 'B' and 'D' declaring Clause 18(c) of the Terms, and Conditions of Supply 1988 of Assam Electricity Board as ultra vires and with a further direction not to give effect the said impugned Bill and letter (Annexure -B and D).
(2.)ANNEXURE -B is a provisional Bill dated 29th November, 1988 and the challenge is with regard to the amount of Rs. 40,490/ - which is charged as surcharge in the shape of interest.
Annexure -D is a letter dated 30.11.88 issued by the Superintending Engineer. Jorhat Electrical Board, Jorhat by which the time was extended for payment upto 10.12.88 and it was stated that failing to clear the bill within the date mentioned above suitable action may be taken to disconnect the power supply to the premises of the consumer as per Rules.

(3.)THE brief facts are as follows:
The Petitioner is a Tea Company and applied to the Respondents for supply of electrical energy and the Respondents after due verification and all necessary tests sanctioned a load of 213 K. W. It is alleged that the Respondent No. 3 i.e. The Superintending Engineer, Jorhat Electricity Circle of A.S.E.B. did not issue the bill every month nor there was any reading of the meters installed in the Petitioner 's aforesaid tea estate. The Respondent No. 3 instead of issuing monthly bill for the electrical energy consumed, issued consolidated bills for electrical energy consumed over a period of several months. That all of a sudden vide bill No. 4126 dated 9.1.88, the Respondents demanded an amount of Rs. 2,54,673.79 for the period from April, 1986 to November, 1987. As the Petitioner was not responsible for accumulation of huge amount, the Petitioner made an application for payment by Instalments. The Respondent No. 2, Sub -Divisional Officer, Bokajan Electrical Sub -Division vide order No. 87 dated 4.4.88 was pleased to defer the last date of payment and allowed the payment of the aforesaid sum in 4 (four) instalments in the following manner:

(i) The first installment of Rs. 65,000/ - was to be paid on 7.4.88.

(ii) The second, third and fourth instalments of Rs. 65,000/ - Rs. 65,000/ - and Rs. 59,000.79 respectively was to be paid along with the next three subsequent bills.



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