- (1.) Seeking quashing of energy bill for the month of June, 2012 for the domestic electrical connection, and for a direction to the respondentJharkhand State Electricity Board to issue revised electricity bills on the basis of last 12 months average consumption after deleting the DPS raised on wrong energy bill, the present writ petition has been filed.
(2.) Briefly stated, the petitioner who is a retired government employee has been provided a domestic electrical connection in his house. Though, there never had been any dispute in the electrical energy bill by the respondentBoard however, for the month of June, 2012 an energy bill for Rs. 1,95,090/ was issued to the petitioner. The petitioner after receiving the energy bill dated 31.07.2012, lodged a protest on 10.08.2012 pointing out the glaring absurdity in the meter reading. The petitioner made fresh representation on 03.10.2012 specifically asserting that in view of the previous electric bills, the bill raised for energy consumed for the month of June, 2012 is wrong for which he requested for meter testing. In the meantime, the petitioner was served with a demand notice dated 27.09.2012 for a sum of Rs.1,99,317/. When the petitioner approached the respondents, he was directed to make a representation undertaking to deposit 50 % of the amount. Accordingly, the petitioner submitted representation on 13.10.2012 however, neither meter was sent for testing nor the energy bill was revised by the respondents and the respondents illegally disconnected the domestic electric connection on 30.11.2012. The petitioner therefore, approached the VUSNF, Ranchi in Case No. 29 of 2012. Pursuant to order passed by the Forum, the electrical connection in the premises of the petitioner was restored and a new meter was installed. In the proceeding of Case No. 29 of 2012, the previous meter was sent for testing to MRT Division, Ranchi which vide report dated 17.08.2013 affirmed that the accuracy of the said meter was found within permissible limit of Board's norms. The petitioner filed objection to the Test Report dated 17.08.2013 before the Forum. The respondents themselves submitted a detailed chart showing consumption between March, 2012 to July, 2012 which reflects that the average monthly consumption of the petitioner was between 600 to 700 units per month. Though, the respondents failed to explain the absurdity in meter reading for the month of June, 2012, the learned Forum vide order dated 23.11.2013 dismissed Case No. 29 of 2012 on the ground that the accuracy of the meter has been found within permissible limit. The Forum rejected the plea of load factor formula, on the ground that the same is applicable only in the case of theft of electricity.
(3.) A counteraffidavit has been filed on behalf of the Jharkhand Urja Bikas Nigam Limited raising a preliminary objection as to the maintainability of the writ petition on the ground of availability of statutory remedy of appeal under Section 43(6) of the Electricity Act, 2003. It is stated that on 10.09.2012, the premises of the petitioner was inspected during which it was found that the meter was in running condition and the terminal seal was found intact however, the total connected load of the premises was about 9 KW which was 7 KW in excess to the sanctioned load. Since, the meter installed in the premises of the petitioner was neither burnt nor tampered, energy bill on the basis of last 12 months average consumption cannot be issued. The petitioner consented for meter testing and the same was done under order of the learned Forum, Ranchi. Since, the accuracy of the meter was found within permissible limit, the learned Forum has rightly dismissed the claim of the petitioner.;