JUDGEMENT
SHREE CHANDRASHEKHAR,J. -
(1.) The appellant -writ petitioner (hereinafter referred to as petitioner)
is aggrieved of dismissal of the writ petition, in which the main challenge
thrown by the petitioner was to order dated 02.03.2013 passed in Case
No.04/2012 and the Electricity Bills dated 18.06.2005 and 01.04.2013.
(2.) The brief facts of the case are summarized hereunder: M/s Maithan Minerals Private Limited was granted electrical
connection in the year, 1971. It is H.T. consumer. In the year 1988, on the
request of the petitioner for reduction of contract load from 150 KVA to 115
KVA, an agreement was executed on 21.05.1988; the contract load was
subsequently enhanced to 200 KVA. Again, the contract load was
enhanced from 200 KVA to 360 KVA, for which an agreement was
executed on 03.03.1997 and it was further enhanced to 460 KVA by executing agreement
dated 08.07.1998. After the original company was amalgamated with
M/s Maithan Ceramics Limited, a new agreement was executed on 30.01.2001
for contract load of 460 KVA. The petitioner -company made an application for
enhancement of contract load to 550 KVA which was sanctioned vide letter
dated 05.05.2004, and the petitioner executed agreement on 03.06.2004 for
enhancement of contract load to 550 KVA. Dissatisfied with the irregular power
supply, the petitioner gave a notice for determination of the agreement as per
Clause 9(a) of the H.T. agreement, and the electrical supply was finally
discontinued on 21.05.2005. However, the bill issued by the respondent -Board
for the month of May, 2005 reflected levy of minimum monthly charges from
June, 2005 to April, 2007 to the tune of Rs.31,62,500/ -, besides current
monthly charges for May, 2005. The aforesaid bill was challenged by the
petitioner in W.P.(C) No.3738/ 2005, which was disposed of on 14.02.2012 with
liberty to the petitioner to approach Vidyut Upbhogta Shikayat Nivaran Forum
for redressal of its grievances; pursuant thereto, the petitioner filed complaint
before the Forum which was registered as Case No.04/2012. The Forum
dismissed the complaint petition vide order dated 02.03.2013. Thereafter, the
Board served Energy Bill dated 01.04.2013, in which the Board levied DPS for
the period between 01.05.2008 to 28.02.2013 over the unpaid amount. The
petitioner approached the Writ Court, challenging order dated 02.03.2013
passed by the Forum and the aforesaid bills.
(3.) Heard.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.