- (1.) This writ application has been filed for quashing the energy bill for the month of August,2009 to the extent it relates to the levy of short charges for the period, February,2009 to May, 2009.
(2.) Petitioner is a company incorporated under the Companies Act and had set up a factory at Chandil for the manufacturing of iron and steel and allied products. The petitioner's company had made an application to the Jharkhand State Electricity Board for giving electrical connection for a contract demand of 1500 KVA. It appears that the said connection was given to the petitioner in June, 2006. Accordingly, the respondents started supplying the electricity. It further appears that petitioner again applied for an extra load of 2500 KVA, which was sanctioned and an agreement to that effect was executed in the month of January,2009. Thus, after the new agreement, the contract demand of the petitioner's company enhanced from 1500 KVA to 4000 KVA. It further appears that the connection for 4000KVA energized on 6.2.2009. It is then stated that the meter installed in the factory premises of petitioner had burnt in the month of February,2009. It is stated that thereafter the Board served bill on the petitioner's company on the basis of monthly minimum charges from the month of February,2009 to the month of May, 2009. It is stated that a new meter installed in the premises of petitioner's company in the month of June,2009. Thereafter the petitioner's company served energy bill on the basis of actual consumption shown in the new meter, which the petitioner's company paid. It is further stated that petitioner's company had received the bill for the month of August 2009 in which apart from the energy charges for the month of August,2009, Rs. 3895104/- had been levied under the heading for short charges from February,2009 to May,2009. Thereafter, petitioner filed a representation vide Annexure-5. It -2- appears that the respondents made a fresh calculation and reduced the short charges for the month of February,2009 to May, 2009 from Rs. 3895104/- to Rs. 2160000/- and served a fresh bill. Thereafter, again petitioner field a representation and stated therein that the energy bill which was raised for the period meter remain defective is in contravention of Clause 11.3 of the Electricity Supply Code and Regulation, 2005. In the said representation, petitioner further stated that the Rolling Mill of the petitioner become functional in the month of June, 2009, therefore, it is not possible for the petitioner to consume more energy than what it had consumed in the month of June, 2009 i.e. 134880 Units. It is submitted that there is no rule to raise energy bill for the period meter defective on the basis of succeeding three months energy average after installation of new meter. It is submitted that as per Clause 11.3. of the Electricity Supply Code and Regulation, 2005, if the meter become defective or burnt, the consumer shall be billed on the basis of average consumption of the last 12 months immediately preceding the month in which meter was last read. Accordingly, it is submitted that the bill submitted by the Board for the month of August, 2009 so far it relates to the month of February,2009 to May, 2009 is illegal.
(3.) It appears that during the pendency of this writ application, the second representation of the petitioner disposed of vide memo no. 1323 dated 26.11.2009 and in that order, amount of the bill with respect to the aforesaid three moths i.e. February,2009 to May,2009 again reduced and petitioner was ordered to pay Rs. 18,91,706/-.;