- (1.) The present writ petition has been filed for the following reliefs: (A) For issuance of an appropriate writ(s), order(s) or direction(s), directing upon the respondents to show cause, as to how an amount of Rs. 18,43,102/- has been inserted in the energy bill for the month of April 2015, purportedly on account of short unit charged in the month of August & September, 2013 inasmuch as the bills raised for the period in question has been paid way back in the respective months itself, which is directly in conflict with the Section 56 of the Electricity Act, 2003. (B) For issuance of an appropriate writ or a writ in the nature of Certiorari for quashing the energy bill dated 10.06.2015 for the month of May, 2015, to the extent it relates to imposition of arrears of Rs. 18,43,102/-along with Delayed Payment Surcharge levied thereupon and Voltage Rebate/Load Factor Rebate having been denied on account of purported arrears in terms of the energy bill of April, 2015. (C) For issuance of an appropriate writ(s), order(s) or directions(s), directing upon the respondents to carry out necessary rectification in the energy bills commencing from September, 2008 till date to the extent it relates to the allowable rebates in terms of 2004 Tariff Order, 2010 Tariff Order and 2012-13 Tariff Order respectively. (D) For issuance of appropriate writ or a writ in the nature of Mandamus directing upon the respondents to grant interest on security deposit at Bank Rate as enumerated under Section 47(4) of the Electricity Act, 2003 and as has been laid down by this Hon'ble Court in W.P.(C) No. 1091/2006 dated 25.09.2012 which having not been challenged has attained finality, in terms of which interest @ 9% per annum is allowable on the security deposit. (E) For issuance of an appropriate writ(s), order(s) or directions(s), directing upon the respondents to show-cause as to how and under what authority the order dated 20.02.2015, passed by this Hon'ble Court in W.P. (C) No. 5472/2010 has been withheld for want of sanction from the Senior Officers, although reminders/representation are pending at the end of Licensee at the strength of order aforesaid. (F) For issuance of any other appropriate direction(s) or order(s) as Your Lordships may deem fit and proper in view of the facts and circumstances of the case for doing conscionable justice to the petitioner.
(2.) The brief facts narrated in the writ petition are that, the petitioner is an Industrial Unit engaged in manufacture and sale of Iron & Steel products. For grant of contract demand of 1200 KVA, in pursuance of sanction letter dated 05.02.2007, an agreement was entered into between the parties. The petitioner deposited Rs. 9,00,000/- towards security deposit in May, 2007. Subsequently, the petitioner deposited Rs. 30,00,000/- towards security deposit for enhanced load in August, 2013. It is stated that the petitioner preferred W.P.(C) No. 5472 of 2010 challenging the bills raised by the licensee which were contrary to the tariff order and the writ petition was allowed vide order dated 20.02.2015 directing the respondent-JSEB to raise fresh bill as per tariff order. A further direction was issued for refund/adjustment of excess amount paid by the petitioner. An amount of Rs. 24,43,640/- was demanded with the energy bill for the month of April, 2015 purportedly on account of short unit charge in the month of September and October, 2013. Subsequently, the said bill was revised and the amount for short unit charge was reduced to Rs. 18,43,102/-. It is stated that the coram of the Electricity Forum constituted under Section 42(5) of 2003 Act is not complete and therefore, the petitioner was constrained to file the present writ petition.
(3.) Heard the learned counsel for the parties.;