- (1.) THE present writ petition has been preferred for the following relief: - (a) For a direction upon the Respondents to forthwith reduce the contract demand to 200 KVA from 240 KVA with effect from its date of application i.e. 13.5.1995 (Annexure - 2) pursuant to which the officials of the Board already conducted load verification in the petitioner's premises on 26.5.1995 (Annexure -4) and since then the Respondents are sitting tight over the matter although the petitioner has been giving reminders from time to time to them for the said purpose, (b) For a direction upon the Respondents to calculate and refund the excess amount charged and realized from the petitioner since May, 1995 till date i.e. the difference of charges between the old constructed load of 240 KVA and the reduced load of 200 KVA for which application was filed on 13.5.1995 (Annexure -2), (c) For a direction upon the Respondents to consider the application dated 29.11.1995 (Annexure -2) filed by the petitioner in prescribed form after depositing the fee of Rs.70/ - for the same vide receipt No. 671068 dated 20.11.1995 (Annexure -5/1) before Respondent No. 7 on 29.11.1995 itself for reduction in the contracted load from 240 KVA to 200 KVA and to reduce the contracted load accordingly to 200 KVA and grant such reduction in load in energy bills with effect from the date of said application dated 29.11.1995.
(2.) THE facts in brief are stated as under: - The petitioner has a mining business at Daltonganj in the district of Palamau. It had entered into an agreement on 1.4.1986 with the respondent Board for supply of electricity under Tariff Symbol H.T.S. -I having its consumer No. D -350. The contract demand as mentioned in serial No. 4 to the schedule at page -7 of the H.T. Agreement was 240 KVA and the bills were raised by the Board and the petitioner was paying the bills accordingly. The case of the petitioner is that it started experiencing low voltage in supply which made it impossible to run its factory and in order to reduce the load the petitioner closed down one of its Roller Mills in the month of October, 1994 and the same was duly informed to the Electrical Engineer (Rural). The petitioner also applied for withdrawal of one of the aforesaid mills from its factory vide its application dated 12.5.1995.
(3.) TO ascertain the load of the petitioner and its transformer's capacity for taking further action in the matter a committee inspected the premises on 26.5.1995 and prepared a verification report signed by all the members of the verification team showing the load of the petitioner, based on the capacity of the machineries installed in the factory of the petitioner and on calculation of the load of the different machineries recorded in the said verification report the total load of the petitioner was found to be 220.75 HP i.e. equivalent to 205.95 KVA.;