- (1.) In this writ petition, the petitioner has challenged the bill dated 22.12.2008 demanding guarantee charges for the period November, 2008 to April, 2009 on the ground that due to bad power supply condition, petitioner had to terminate the agreement and moreover even as per clause 8 of the agreement in exceptional cases, the period of compulsorily availing power can be reduced.
(2.) It is not in dispute that a notice dated 30.10.2008 (Annexure-6) of disconnection was given by the petitioner in terms of the agreement. On the basis of which, the disconnection was made on 17.11.2008. The said demand dated 22.12.2008 covers the period as per the clause 8 of the agreement of compulsorily availing power. It is not the case of the petitioner that the period of compulsorily availing power was reduced in terms of clause 8 of the agreement.
(3.) Mr. Rajesh Shankar, appearing for the Board, submitted that the Regulatory Commission has issued regulation under Notification dated 28.7.2005 (Annexure-A to the counter affidavit filed by the Board). Clause 7.5 of the said notification reads as follows:- "7.5 A Consumer may terminate the agreement after expiry of the initial period of agreement after giving 30 days notice to the distribution licensee. However, if the agreement is to be terminated before expiry of the initial period of agreement, the consumer shall be liable to pay charges as per tariff for the balance period for the initial period of agreement. Provided that whenever an agreement is terminated on notice given by the consumer the distribution licensee shall give a written intimation within 15 days after termination failing which such intimation shall be deemed to have been given to the consumer.;