S.B.Sinha, J. - (1.) The petitioner in this application has prayed for the following reliefs :- "a) Writ in the nature of Mandamus commanding the respondents not to disconnect the electric Supply of your petitioner but to rectify the electric bills immediately;"
(2.) The fact of the matter lies in a very narrow compass. The petitioner is the owner of a factory, and for the purpose of running the factory. It has obtained electrical connection from the respondent company. According to the petitioner, it had been paying bills regularly, despite the fact that the bills had been erratic. The petitioner in a letter 21.11.96 as contained in annexure 'D' to the writ application stated as follows :- "? According to the consumption pattern for the year 1995 our monthly bills should range between Rs. 18,000/- to Rs. 22.000/- while against this we have received bills for amounts which are out of proportion. Those could only be termed as baseless and absurd. We have on occasions pointed out to you by way of letter as well as in course of our meeting with your Mr. Harish Bakshi, Chief Clerk at your North Subarbon Regional Office, but without any result Against your bills we would like to state as hereunder :- 1. For the month of February 96 you hive charged for 2700 units on ad hoc basis while the monthly consumption in our case should be about 5000 units. Again for March 96 you have charged for 6500 units on ad hoc basis and likewise bills for the month of April 96, June 96 and August 96 were either raised on ad hoc basis or showing unit consumption at a very much exorbitant level. For the month of August 96 the bill raised by you amounted to Rs. 2,10,950/-. The Above statistic gives a clear indication about the erration way the CESC opted in raising the bills for electric charges. 2. For the month of October 96, the present meter reading has been shown in the bill if 155631 unit while actual meter reading as taken by us on that day was 145631 unit. It is somehow appears to be a clerical mistake on your part. We have lodged complaints on number of occasions pointing out the mess and depleted condition of the meter room which is located at the road side. It has been observed that your personnel coming for taking meter reading usually avoid to enter into the meter room on account of dirty environment and for that we have reason to believe that the bills raised as pointed out herein above are without any basis and are far away from the actuals." The aforementioned dispute raised by the petitioner has not yet been disposed of.
(3.) Mr. Sen, learned counsel appearing on behalf of the Calcutta Electric Supply Corporation Limited, however, stated on Instruction that the petitioner does not permit meter readers to enter into the meter room as a result whereof ad hoc bills are being raised. The leaned counsel also has relied upon a decision of a learned single Judge of this court in Aruna Apartment Flat Owners Association v. Calcutta Electric Supply Corporation Limited and others reported in 1996(2) CHN 184 and submitted on the basis thereof that in terms of clause 16(b) and (c) of the Model Form of Draft Conditions of supply which has been substantially reproduced in clauses 21 and 22 of the Calcutta Electric Supply Corporation, Conditions Of Supply, the petitioner should have deposited the entire amount before such a dispute Could be resolved. Clauses 21 and 22 of the said Conditions of Supply read thus : "21, (a) The readings of meters will be taken by the Licensee, once in each month or at such intervals or times as the Licensee may think expedient and the consumption of electric energy will be taken to be the average of the advances of the meters if more then one meter is used in the same circuit. (b) If either party disputes the accuracy of any meter registering the consumer's supply. It shall be tested by the Electrical Inspector to Government, in accordance with section 26 of the Indian Electricity Act, 1910 or any revision thereof. If the accuracy of such a meter is disputed by the consumer he shall deposit with the Licensees the fee laid down in the table of fees issued by Government under the Indian Electricity Rules for the time being in force and the Licencee will arrange for the meter to be tested accordingly. If upon test, the meter or the average of the meters if more than one in the same circuit is found to be not correct within the meaning of section 26 of the Indian Electricity Act and the Rules thereunder, then proper adjustment shall be made in the Licensee's bill or bills in accordance with the decision of the Electrical Inspector under sub-section (6) of section 26 of the Indian Electricity Act, 1910 or any revision thereof. if the meter or the average of the meters if more than one in the same circuit is found to be correct, the expense of the test shall be borne by the party who called for the test. In the event of any meter ceasing to be a correct meter and where there is not difference or dispute the charges payable by the consumer for such period as the meter has been considered not to be correct shall be based on the average number of units paid for by the consumer during the three months preceding the date on which the meter is considered to have become incorrect, or during the corresponding period of the previous year or on the registration of the meter which replaces the incorrect meter. 22 (a) A monthly bill for electrical energy supplied will be rendered by the Licensee in accordance with the readings of the meters for each month, except in the case of supplied of electrical energy to theatres and cinemas when the bills will be rendered weekly in accordance With the reading of the meters for each week. The bill shall specify the date, hereinafter called the "due date" by which payment shall be made in order to obtain the-advantage of a rebate, if any. (b) Bills will normally be sent by post: if a bill is not received at the usual date, the Licensee should be notified, at the Licensee's office, falling such notice, no alteration of the due date will be allowed for the purpose of the rebate. If after the due date the bill remains unpaid. The Licensee may, after giving note less than seven clear days & notice in writing discontinue the supply of energy to the consumer at the said premises until such bill, together with any expenses incurred by the Licensee in disconnecting and reconnecting the supply is paid. The Licensee may utilise any deposit made under paragraph 12 for the purpose of recovering any sums due alter the supply has been disconnected and if the security deposit is insufficient to cover the amount outstanding the consumer shall pay interest on the amount outstanding at the rate of 12 per cent per annum from the due date until payment is made. (c) In the case of stand-by Supplies to premises having a separate supply, one twelfth of the agreed minimum annual sum payable under paragraph 24 will be charged monthly even though energy to this value has not been consumed (d) If the bill for energy supplied is disputed, and if such bill is subject to a rebate for payment on or before the due date, it must be paid in full (without prejudice to the dispute) on or before the due date in order to obtain the rebate. In the case of other bills, the consumer shall be deemed to have admitted the accuracy of the bill unless he states his objection and deposits 75 per cent of the amount with the Licensee within seven days from the issue of the bill. Any refund to which the consumer is subsequently found to be entitled will be paid promptly.;