BARIN GHOSH, J. - (1.) The only question in these appeals is whether the appellant made unjust enrichment, and if so, to what extent? The trail Judge held against the appellant and directed it to give appropriate adjustment.
(2.) The appellant, in these appeals, is the West Bengal State Electricity Board, being supplier of electricity. The writ petitioners are consumers of electricity, supplied by the appellant exclusively. The terms and conditions of supply of electricity are recorded in written contracts. The principal terms and conditions are identical. Those terms and conditions provide that the appellant will supply to the writ petitioners electricity at an agreed pressure of 33000 Kva. The agreements further provide that the writ petitioners will be entitled to draw power to the extent but not exceeding maximum number of kilovoltampere for each of the first five years of supply as mentioned in schedule one of the agreements, called "contract demand". The agreement say that there shall be installed a meter which will record the maximum demand, i.e., maximum drawal of power. These meters, we have been told, record consumption of electricity at the highest pressure during a particular month. The needle recording the same in the meter moves upwardly and never comes down unless mechanically turned. The needle moves upward only when electricity is consumed at a higher pressure for a continuous period of 30 minutes during any part of a month than any previous consumption. In addition to such meters, the agreements say, that there shall be meters to record actual consumption of electricity measured in Kwh. In the event the writ petitioners consume electricity the first meter will record the highest pressure at which electric was consumed and the second meter will record the actual consumption. In one of the writ petitioners consumes electricity in a given month, say at 1000 Kva continuously for 30 minutes during any of the hours of any of the days of a given month, then the first meter will record that the said writ petitioner has consumed electricity at the highest pressure of 1000 Kva during that month, even if the said writ petitioner has not consumed electricity beyond that particular 30 minutes period of the month. During the period of such consumption the actual consumption, measured in Kwh, made by him will be recorded in the second meter. Thus, if the consumer during a particular month consumes electricity at the highest pressure of 1000 Kva for any 30 minutes during that month, the first meter will show 1000 Kva consumption, and in the second meter the actual consumption in Kwh will be reflected. Suppose one of the writ petitioners consumes electricity only for half an hour during a particular month and does not consume electricity for the rest of the month, then in the first meter the pressure at which he had consumed electricity would be reflected and in the second meter his actual consumption of electricity will be reflected. Suppose these are 1000 Kva and 50 Kwh respectively, the same will be recorded accordingly. In the second month if the said writ petitioner consumes electricity all throughout the month at variable pressures ranging from 400 Kva to 800 Kva then the first meter will show consumption of electricity at the peak pressure during the month at 800 Kva. Since during the whole month the consumer has consumed electricity, the second meter may record, while recording the actual consumption, at 1000 Kwh..
(3.) The provision for installation of two meters, one for recording the consumption at the highest pressure and the other for recording the actual consumption, have been provided for in the agreements entered by the appellant with the writ petitioners inasmuch 3 as the writ petitioners are industrial consumers. The industrial consumers need bulk electrical energy at very high pressure. When an industrial machine is started, it needs electricity at a high pressure, but when it starts, running, it can work at a much lesser pressure. At the time of setting up an industry, the industrialists, as the writ petitioners are, known at what pressure they need electricity to start up and to run their machinery. They inform the supplier of electricity accordingly. The supplier of electricity as the appellant is, then agrees to supply electricity at such pressure. All the agreements in these cases records such agreement. As recorded in these agreements consideration of the supplier of electricity agreeing to supply and supplying electricity at such pressure, the consumer of electricity agrees to pay a charge therefor which is calculated by multiplying the figure recorded in the first meter, (consumption at the highest pressure in any continuous half an hour during the month) by the agreed amount; and in consideration of the supplier of electricity agreeing to supply and supplying electrical energy to the consumer, a charge is paid which is calculated by multiplying the quantum of energy supplied as recorded in the second meter, by another agreed amount. Thus, the writ petitioners are charged for the pressure of energy availed and for the quantum of energy consumed separately. If for some reason the first meter has not been installed or the same do not function, then by applying a certain formula in relation to what have been recorded in the second meter, one can- ascertain , the approximate highest pressure at which electricity was supplied and consumed. The aforesaid have all been provided for in the subject agreements. The relevant clauses of the agreement are as follows :- System,Voltage and frequency of supply."2. The electrical energy so supplied shall be of three phase, alternating current at a declared pressure of 3300 volts between phases, and frequency of fifty complete cycles per second at the Consumer's/Consumers' terminals." Contract demand "3. Subject to, the provisions of clause 21 hereinafter contained the Consumer/shall be entitled for the said purpose to such supply upto but not exceeding maximum number of Kilovoltampere for each of the first five years of supply as mentioned in schedule 1 hereto (hereinafter referred to as the "Contract Demand') which shall be deemed to be part of the agreement. " Commencement of supply." ;