S.J. Mukhopadhaya, J. - (1.) ONE of the issues to be determined in this case is as to whether in the event of meter being out of order i.e. burnt/stopped or having ceased to function for any reason during any month/months, how the Board will assess the consumption for such month/months.
(2.) THE counsel for the petitioner relied on a number of decisions of learned Single Judge as passed in the cases of Shree Shyam Steel v. B.S.E.B. and Ors. [C.W.J.C. 3182/99(R) I, disposed of on 9th March. 2000. Automobile Ancillary Industries v. B.S.E.B. and Ors. IC.W.J.C. No. 2981/ 94(R)]. disposed of on 16th June. 1995; Quality Rubber Industries v. B.S.E.B. and Ors., IC.W.J.C. No. 185 of 1996(K)], disposed of on 18th October. 1996 and Machine Shop v. B.S.E.B. and Ors., reported in, 2002(1) JCR 75 (Jhr) to suggest that the consumption for such month/ months should be assessed on average consumption of previous three months from the date of meter being out of order. The learned counsel for the Board placed reliance on Clause 16.8 of 1993 Tariff, which reads as follows : "16.8. Billing when meter has either got defective or burnt or stopped. - -In the event of meter being out of order/ burnt/stopped or having ceased to function for any reason during any month, the consumption for the month/months shall be assessed on an average consumption of previous three months from the date of meter being out of order or the average consumption for the corresponding three months of the previous years consumption of the minimum monthly guarantee whichever is highest. Such consumption shall be treated as actual consumption for all practical purpose unless the meter is replaced or rectified. Operational surcharge, power factor surcharge can be levied on consumption so calculated...."
(3.) THE learned counsel for the Board submitted that the average consumption of not only previous three months or the corresponding three months' consumption to he seen, but also the minimum guarantee charges to find out as to whichever is highest,;