APARESH KUMAR SINGH, J. - (1.) HEARD counsel for the parties. The revised final bill dated 23rd September, 1998, Annexure -16, for Rs.6,81,042/ - issued by the respondent no.4 , Electrical Executive Engineer, Ranchi Electrical Circle, Ranchi, upon the petitioner is under challenge. The petitioner has also raised a claim that an amount said to have been recovered as 3% additional surcharge has not been refunded to the petitioner despite judgment dated 9th May, 1986 passed in CWJC No.138 of 1978 (R) Annexure - 12. A levy of Rs.12,263/ - towards interest on security deposit payable by the Board @ 4% upto 31.03.1988 and 5% w.e.f. 01.04.1988 have not been given effect to in the final bill. The petitioner has also a grievance that the interest charged on non -deposit of additional security demanded by bill for August, 1995 totaling Rs.9,190/ - has not been deducted. The partitioner has also challenged the component of fuel surcharge raised under Annexure 13/1, the bill dated 1.3.1997 for the period August,1995 till September,1996. However, the petitioner accepts that fuel surcharge for the period before August,1995 is payable by him.
(2.) IN order to decide the aforesaid controversy, the brief facts of the case are being noticed herein - below. The petitioner is a High Tension consumer having HT Agreement executed in June,1983. By registered letter dated 16th June,1994, Annexure 2, he served a 12 months' notice under Clause 9(a) of the HT Agreement upon the Board for termination of the agreement. Though it is the contention of the petitioner that the said notice was received on 20th June,1994 but the petitioner accepts the stand of the respondent that the notice was received in the diary only in July,1994 and as such, the period of one year for termination of the agreement is to be treated by the end of July,1995. However, as a matter of fact, the electric connection of the petitioner continued till 26th September,1996 before it was disconnected by the authorities of the respondent -Board. The Bills, which have been raised for different period, are contained in Annexure 3 series as also the final revised bill is contained in Annexure 16. It is the contention of the petitioner that in terms of Clause 9(a) of the HT Agreement in question, once the agreement stood terminated on expiry of one year period by 31st July,1995, the Board is not entitled to raise AMG bill for the period 1995 -96, Annexure -5 totaling Rs.74,005/ -, AMG bill for 1996 -97 totaling Rs.2,10,158/ - and AMG bill for 1997 -98 totaling Rs.2.09,268/ -. Even though he continued to consume electrical energy because of non -disconnection of the electrical connection by the respondents authorities beyond that period till 26th September,1996.All these AMG bills for the respective years as aforesaid were included in the final revised bill as contained in Annexure 16. Counsel for the petitioner submits that the aforesaid issue whether the electrical connection of High Tension consumer stood terminated on expiry of 12 months' notice or not is no longer res intengra in view of the judgment rendered by the Hon'ble Supreme Court in the case of Bihar State Electricity Board Vs. M/s Green Rubber Industries, reported in AIR 1990 SC 699 as also in a Single Bench judgment of the Patna High Court in the case of M/s Ashok Engineering (Bihar) Ltd. Vs. the Bihar State Electricity Board, reported in 1999(2) PLJR 334.
(3.) CLAUSE 9(a) of the HT Agreement is being quoted herein -below: "9(a) The consumer shall not be at liberty to determine this agreement before the expiration of three years from the date of commencement of the supply of energy. The consumer may determine this agreement with effect from any date after the said period on giving to the Board not less than twelve calendar months' previous notice in writing in that behalf and upon the expiration of the period of such notice this agreement shall cease and determine without prejudice to any right which may then have accrued to the Board here under provided always that the consumer may at any time with the previous consent of the Board transfer and assign this agreement to any other person and upon subscription of such transfer, this agreement shall be binding on the transferee and Board and take effect in all respects as if the transferee had originally been a party hereto in place of the consumer who shall henceforth be discharged from all liabilities under or in respect thereof. " ;