- (1.) Both the writ petitions involving similar questions are being disposed of by this common order.
(2.) Petitioners have prayed (i) for setting aside the energy bills from May 2005 onwards raised on the basis of 75% of their contract demand; (ii) to adjust/refund the excess amount realized with interest; & (iii) to revise the bills in terms of the existing tariff.
(3.) The following submissions were made on behalf of the Petitioners: After introduction of the Electricity Act 2003 w.e.f. 10.06.2003, the duty to frame tariff was taken away from the licencee - Respondent-Jharkhand State Electricity Board ('the Board', for short) and only the Jharkhand State Electricity Regulatory Commission ('JSERC', in short) is authorized to frame tariff schedule for the Board. JSERC has already framed tariff schedule of the Board after following the procedure provided for the same namely 'Tariff Order 2003-04'. There is no provision in the Tariff Order 2003-04 for billing on the basis of minimum 75% of the contract demand, but in utter disregard to the tariff, the Board has raised the impugned bills on the basis of 75% of the contract demand though, the demand recorded was less. It was also submitted that the matter is fully covered by the order/judgment dated 17.04.2009 passed in W.P.(C) No. 5150 of 2007 in the case of Jharkhand State Electricity Board v. Kumardhubi Steels Pvt. Ltd. against which Special Leave to Appeal (Civil No. 20104 of 2009) was also dismissed on 29.09.2009. The orders dated 07.02.2006 and 18.12.2006 passed by JSERC were also referred.;