- (1.) Heard learned counsel for the parties.
(2.) The appellant-Jharkhand State Electricity Board, Ranchi, is aggrieved against the order passed, by the learned Single Judge dated 17th September, 2010 in W.P. (C) No. 2613 of 2010 and W.P. (C) 2626 of 2010, by which both the writ petitions were allowed holding that after coming into force of the new tariff as prescribed by the Jharkhand State Electricity Regulatory Commission, the appellant-Board cannot fall back upon either tariff of the year 1993 and insertion of Schedule to the tariff in they year 1999 or upon the contract on the basis of which the appellant-Board used to charge "Demand Charge" from the respondent-consumer obviously under the tariff of 1993 as well as by virtue of the condition in the contract.
(3.) Brief facts of the case are that before coming into force of the Electricity Act, 2003, there was Indian Electricity Act, 1910 and Electricity Supply Act, 1948 and the parties were governed by the Act of 1910 and 1948. The respondent-consumers entered into a contract with the appellant-Electricity Board and agreed that they would be liable to pay the "monthly minimum demand charge on the basis of the actual minimum demand of the month or 75% of the contract demand, whichever is higher and energy charges based on load factor of 25%, 30%, 50% etc." That condition is incorporated in the tariff of the year 1993 in Column 15.2. and in consonance with that conditions, the same condition was incorporated in the agreement executed by the respondent-Jharkhand State Electricity Regulatory Commission in Clause 4(C).;