Prashant Kumar, J. - (1.) THIS writ application has been filed for the following reliefs: (A) For issuance of an appropriate writ or writ in the nature of Certiorari for quashing the order dated 25.01.2007 passed by the Vidyut Upbhokta Shikayat Niwaran Forum in Case No. 26 of 2006 and also for quashing the order dated 19.09.2007 passed by the Electricity Ombudsman in Appeal Case No. EOJ/07/2007 whereby and where under none grant of rebates (Power Factor Rebate & Load Factor Rebate) by the Electricity Board has been held to be justified on the ground that an amount of Rs. 7491/ - was not paid within time, without taking into consideration that as on the day of raising of the impugned bills for the month of January 2006, the petitioner was liable to get substantial refund in Lacs from the electricity board. (B) For issuance of an appropriate writ or writ in the nature of Certiorari for quashing the bills of the months of January, 2006 to till date, only to the extent the Delayed Payment Surcharge have been levied against the petitioner inasmuch as there are no outstanding dues against the petitioner for any month whatsoever. (C) For issuance of an appropriate writ or a writ in the nature of Mandamus directing upon the Respondents to revise the energy bill for the month of January 2006 to till date after granting load factor rebate and power factor rebate for the month of January 2006 to the petitioner, which he is entitled too, by virtue of 2004 Tariff, which has been denied to him illegally. (D) For any other appropriate writ (s), order(s) or direction (s) as Your Lordships may deem fit and proper under the facts and circumstances of this case for doing justice to the conscionable."
(2.) IT appears that petitioner is a Company registered under the Companies Act, 1956 and engaged in the business of induction furnace and for running of the said business, petitioner took HTSS connection from the Electricity Board having contract demand of 3240 KVA with voltage supply at 33 KV. It then appears that the Jharkhand State Electricity Regulatory Commission (herein after referred as JSERC) had issued Tariff Order for the financial year 2003 -04 and that Tariff Order prescribes three types of rebates for HTSS consumers. The aforesaid rebates are Voltage Rebate, Load Factor Rebate and Power Factor Rebate. It is also clear from the aforesaid Tariff Order that a HTSS consumer is not entitled to Load Factor Rebate, if he is in arrear.
(3.) IT appears that petitioner was served with a bill for the month of December, 2005 and he was asked to pay the said bill by 21.01.2006. It is stipulated in the bill that if petitioner will pay the bill by 21.01.2006, he will be entitled for rebate of Rs. 7941/ -. It is an admitted position that petitioner paid the bill on 28.01.2006 after deducting the rebate of Rs. 7941/ - which the petitioner was not entitled after 21.01.2006. It further appears that the petitioner received a message from the Board that the petitioner availed rebate though payment of the bill was made by it after due date, therefore, he is liable to pay the said rebate amount i.e. Rs. 7941/ -. It further appears that after receiving the information, petitioner paid the the rebate amount on 07.02.2006 vide Annexure -3. Thus, it is admitted by the petitioner that there was arrear of Rs. 7941/ - from 22.01.2006 to 07.02.2006. It then appears that on 07.02.2006, petitioner received the bill for the month of January, 2006 in which rebate under the heading for Load Factor and Power Factor had not been given to the petitioner. In the said bill, petitioner was also directed to pay Rs. 13,980/ - towards Delayed Payment Surcharge. Thereafter, petitioner filed a representation on 17.02.2006, claiming that he is entitled to get rebates for Load Factor and Power Factor, because he has already paid Rs. 7941/ - on 07.02.2006 and there is no arrear lying against him. Accordingly, petitioner prayed that bill for the month of January, 2006 be revised, so that it can be paid within the due date i.e. 27.02.2006. It appears that when the said bill was not revised by the Board then the petitioner paid it under protest and filed another representation on 02.03.2006 praying therein that necessary adjustment of aforesaid rebate be made in the bill for the month of February, 2006. It is further stated that the bill for the month of January, 2006 has not been revised. Therefore, petitioner filed a case before the Vidyut Upbhogta Sikayat Niwaran Forum and claimed that the petitioner entitled get rebate of Rs. 2,10,661/ - towards Load Factor and Rs. 37,808 towards Power Factor Rebate. In that application, petitioner also claimed that in the bill of January, 2006 Rs. 13,980/ - had wrongly been revised towards delay payment surcharge. It appears that the Forum rejected the application vide order dated 25.01.2007 (Annexure -13). Against the aforesaid order petitioner filed appeal before Electricity Ombudsman, Jharkhand vide Case No. EOJ/07/2007. The said appeal also dismissed on 19.09.2007 vide Annexure -14. Thereafter, petitioner moved to this Court for the above mentioned reliefs.;