Shree Chandrashekhar, J. - (1.) The petitioner-Castron Technologies Ltd. seeks a direction upon the respondent-Damodar Valley Corporation to give effect to the tariff-order for the financial year 2016-17 which has been issued by the Jharkhand State Electricity Regulatory Commission on 18.05.2018; the petitioner has claimed voltage rebate and load factor rebate in the monthly electricity bills in terms of the said tariff-order issued by the Commission.
(2.) Briefly stated, the petitioner has been granted electrical connection in HT category by the respondent-DVC for a contract demand of 3000 KVA. It has been paying energy charges regularly, however, on the basis of an inspection report electricity supply at its premises was arbitrarily disconnected. Disputing the allegation of pilferage and theft of electricity and challenging the inspection report on the ground that it was prepared in its absence, the petitioner came to this Court in W.P.(C) No. 3704 of 2012. The respondent-DVC, however, contended that the electric meter at the petitioner's premises was found tampered and finding sufficient material for theft of electricity a criminal case being Balidih P.S Case No. 93 of 2012 was lodged on 26.06.2012 and electricity supply at the petitioner's premises was disconnected. In the First Information Report, the loss caused to the respondent-DVC on account of theft of electricity has been assessed at Rs. 1.50 Crores. By an interim order dated 26.07.2012 passed in W.P.(C) No. 3704 of 2012, the writ Court directed the respondent-DVC to restore power supply at the petitioner's premises within 3 days on payment of 50% amount of the provisional assessment. It is pleaded that, before that, the respondent-DVC has issued letter dated 02.07.2012 in which an amount of Rs. 4,14,49,512/- has been shown as the provisional assessment of the loss caused to the respondent-DVC. After a new tariff-order was issued by the Jharkhand State Electricity Regulatory Commission in May, 2018, however, the petitioner was not allowed voltage rebate and load factor rebate, constrained, it has approached this Court.
(3.) In the counter-affidavit, the respondent-DVC has asserted that since a case of theft has been lodged against the petitioner and "final assessment" bill for Rs.4,14,49,512/- has been issued, the petitioner cannot claim the benefits under the new tariff-order. Another plea raised by the respondent-DVC is that the tariff-order which has come into force w.e.f 01.05.2018, and which would remain in force till a new tariff-order is issued by the Commission, cannot be given retrospective effect.;