S.J. Mukhopadhaya, J. - (1.) THIS application has been preferred by petitioner against the energy bill dated 12th September, 2002 (for the month of August, 2002) raised on the basis of the Commercial mode of tariff.
(2.) ACCORDING to petitioner, the energy bill in question which relates to the common area of its multistoried apartment (Rameshwaram Apartment) situated at South Office Para, Ranchi, has been wrongly raised by the Jharkhand State Electricity Board (JSEB for short) on the basis of 'commercial' mode. It should have been raised on the basis of 'domestic category' of tariff. Counsel for the petitioner relied on 1993 Tariff as amended on 14th August, 1996. Reliance was also placed on letter No. 350 dated 11th August, 1994 whereby the relevant amendment made in 1991 Tariff was communicated . At Clause 1 (F) of the said letter dated 11th August, 1994, the following amendment was shown : "The rates applicable to domestic category of tariff shall also apply for consumption of electrical energy in "Common Area" of a Multi -Storied building."
(3.) COUNSEL for the respondents while accepted that the billing of common area of the Multi -Storied building is being done as per the amended Tariff, relied on 1993 Tariff gazetted on 23rd June, 1993 to suggest that the billing of common area to be made as per "domestic supply" only when motor upto 1 H.P. is utilised for lifting water but, if the motor is of higher capacity then billing to be made as per ''commercial Supply". Though the aforesaid stand has been taken by the respondents in their counter -affidavit and a copy of 1993 Tariff has been enclosed but the notification dated 14th August, 1996 whereby the Tariff Notification dated 23rd June, 1993 (1993 Tariff) was amended has not been enclosed.;