M.Y.EQBAL, J. - (1.) THE petitioner -Company is a high tension consumer. It took electric connection having contract demand of 75 KVA which was enhanced to 100 KVA as per the HT Agreement dated 24.8.1999. The petitioner received AMG bill for the years 1996 -97 and 1997 -98 as per contract demand of 75 KVA. The petitioner again received a bill for AMG charges for the year 1998 -99 as per enhanced contract demand.
(2.) DISSATISFIED with the AMG bills, the petitioner submitted claim under Clause 13 of the agreement for the aforesaid years. All the claims made by the petitioner under Clause 13 of the agreement have been rejected by the concerned respondents in terms of the order dated 17.8.2000. Mr. Ajit Kumar, learned counsel appearing on behalf of the petitioner assailed the impugned order as being illegal and without jurisdiction. Learned counsel submitted that there is no limitation for filing claim under Clause 13 of the HT Agreement and therefore rejection of the claims for the years 1996 -97 and 1997 -98 on the ground of limitation is illegal and mala fide. Learned counsel further submitted that while disposing of the claim the concerned respondent has totally ignored Clause 4 (b) of the notification which specifies that every bill shall contain a Clause that the claim has to be made within the stipulated period of 90 days. Learned counsel further submitted that the concerned respondents while rejecting the claim failed to take into consideration the mandatory provision of the Tariff and also the HT Agreement.
(3.) ADMITTEDLY the AMG bills for the years 1996 -97 was raised on 28.4.1997 and the AMG bill for the year 1997 -98 was raised on 20.6.1998. The petitioner paid the amounts covered by the bills in 1997 and 1998 without raising any objection with regard to the correctness of the bills or without making any claim under Clause 13 of the HT Agreement. The petitioner was again served with AMG bill dated 19.7.1999 for the period 1998 -99. The petitioner after making payment of the aforesaid bill amount, lodged a claim under Clause 13 of the HT Agreement on 5.8.1999 i.e. within 90 days from the date of the bill but while making claim under Clause 13 of the Agreement against the bill for the year 1998 -99 the petitioner also included the claim as against the AMG bills for the years 1996 -97 and 1997 -98.;