PRASHANT KUMAR, J. - (1.) IN these writ applications, common question of law raised as to whether Jharkhand State Electricity Board entitled to raise bills on the basis of 100% contract demand after enforcement of the tariff order 2003 -04 w.e.f. 01.01.2004 ? Accordingly, all the cases heard together and disposed of by this common order.
(2.) IT appears that respondents in all cases are owners of induction furnace and bills raised against them on different dates by the Jharkhand State Electricity Board (J.S.E.B.) on the basis of 100 % contract demand (prescribed in the tariff of 1999) even after coming into force of tariff order 2003 -04.
(3.) IT is relevant to mention that tariff order 2003 -04 issued by the Jharkhand State Electricity Regulatory Commission (J.S.E.R.C.) on 27.12.2003 and made effective from 01.01.2004. It appears that in the tariff of 2003 -04, consumers belonging to H.T.S.S. category are required to pay actual demand charge @ Rs. 300 per K.V.A. Since the impugned bills raised on the basis of 1999 tariff order therefore, respondents filed application before the Vidyut Upbhokta Shikayat Nivaran Forum (hereinafter referred as 'Forum') challenging the bills. It appears that Forum after considering the contention of both the parties allowed the application of the consumers/respondents and hold that w.e.f 01.01.2004 Jharkhand State Electricity Board has no power to raise bills on the basis of 100% contract demand as prescribed in 1999 tariff order. Accordingly Forum directed J.S.E.B. for issuance of monthly energy bills in respect of respondents on the basis of actual K.V.A. recorded in the meter in each month. The Forum further directed the Board to adjust the excess money, realized from the respondents, in subsequent bills with interest as per Electricity supply code regulation 2005(hereinafter referred as supply code).;