Sanjay Kumar Dwivedi,J. - (1.) The petitioner has preferred this writ petition for quashing the Bill dated 04.04.2015 whereby the respondents have raised a Bill for Rs.8,24,767/- on account of B-Phase P.T. connection burnt for a period from 07.06.2014 to 18.03.2015. The further prayer is made for directing the respondents not to show the above Bill as arrears and subsequently not to charge DPS on the alleged amount in the subsequent bills.
(2.) Mr. M.S. Mittal, the learned Senior counsel appearing for the petitioner submitted that the Jharkhand Bijli Vitran Nigam Limited (JBVNL) is a Licensee within the meaning of Section 2(39) of the Electricity Act, 2003. The petitioner had initially taken electrical connection from the respondent-Board for a sanctioned load of 90 H.P under the LTIS category and from the date of connection, at no point of time any anomaly as against the petitioner has been alleged. He submitted that time and again meter reading was taken by the authority and after carrying out necessary inspection of the electrical/electronic equipments, the authorities of the Board has recorded their satisfaction. After the earlier electrical connection, the load of the petitioner was enhanced twice from (a) 90 H.P to 105 H.P and (b) 105 H.P to 210 KVA from Low Tension to High Tension which was sanctioned vide letter dated 07.09.2011. It has been submitted that even after the sanction was granted to the petitioner, the petitioner was not provided High Tension connection and this compelled the petitioner to file the writ petition for a direction upon the respondents to grant High Tension connection and thereafter only High Tension agreement was executed between the petitioner and the J.S.E.B on 25.05.2010 for energizing the H.T Line which was ultimately energized on 09.06.2012. The said agreement was annexed as Annexure-2 and 3 respectively to the writ petition. On 09.06.2012, the H.T connection was granted to the petitioner and on the said date new Modem, meter etc was installed and sealed by the respondents in the premises of the petitioner. It has been submitted that the automatic meter reading worked correctly only for one month and that automatic bill was generated for the month of June, 2012 only. Thereafter, for each month someone from the Department used to come to take manual meter reading and consequently, break the old seal, check the meter, take the meter reading and then put a new seal on the meter. It has been submitted that almost each and every month inspection was carried out by the officials of the respondent-company who came to take the manual reading of the meter and at no point of time anomaly of any nature was alleged whatsoever. It has been submitted that on the repeated requests of the petitioner to rectify the automatic meter reading device, nothing was done. On 22.02.2015, the petitioner wrote a letter to the respondent-authorities requesting to test its meter as power factor was charged from it even when the capacitor was found correct. This request was again repeated on 15.03.2015. On repeated requests of the petitioner, on 18.03.2015 a team of the respondent-company visited the premises of the petitioner to conduct the inspection of the meter installed in the petitioner's premises. After the inspection, it was observed by the officials, which is apparent from the Annexure-7 to the writ petition, that: 'Observation and work done:- As per instruction of the higher official in the time of the defective modem replacement it is found that one phase PT (B.Ph) is missing in meter. At first meter reading and MRI of the meter are taken and then accucheck is also done. After the transformer LV box is opened and found that B.Ph PT connection is burnt and out from the LT Stud then is done due to heating on this portion. Due to heating CT is also heated and slightly oil leakage from that LT stud gaskit. After getting shut down of 11KV line and proper rectification 11KV line again charged and found all are ok.'
(3.) It has been submitted that no anomaly was found in the meter of the petitioner and only the defective meter was changed.;