RAMDEV INDUSTRIES Vs. UTTAR GUJARAT VIJ CO LTD

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the action of the respondent in issuing the supplementary bill of Rs. 4,72,867.50 ps. dated 15.07.2003 as well as order passed by the Appellate Committee.

(2.) The facts of the case in brief are that the petitioner is having a casting unit located at village; Ranasan with contracted load of 124 H.P. His unit was checked under Special HO Drive by Deputy Engineer I/C Squad, Bharuch on 12.07.2003 and during that checking, the checking team found the total connected load at 187.22 H.P. The checking officer came to the conclusion that the petitioner had dishonestly connected additional load of 63.22 H.P. without permission of the respondent-Board and hence, the petitioner had committed malpractice of connecting the additional extra load of 63.22 HP over and above the contract load and, hence, checking officer came to the conclusion that the petitioner should be given supplementary bill for malpractice of additional extra load of 63.22 H.P. without permission of the respondent-Board. The respondent-Board issued a supplementary bill of Rs. 4,72,867.50 ps. to the petitioner against which he has deposited Rs.1,18,220/- being 25% amount of the supplementary bill on 25.07.2003. Being aggrieved by the supplementary bill issued by the respondent-Board the petitioner has preferred appeal before the appellate authority which was dismissed and by notice dated 31.05.2004, the respondent has informed the petitioner to pay remaining 75% amount of the supplementary bill, failing which, his electric supply will be disconnected. Hence, this petition.

(3.) The first contention of the petitioner is that checking report is wrongly shown. In the checking report it is stated that the meter is in order and two induction furnace of 60 K.W. were installed by using change-over-switch and both furnaces are used alternatively. While calculating the connected load, the checking officer has considered the load of both the furnaces as if both are used simultaneously. He further submitted that instead of considering 50 K.W. load of one furnace, the officer has calculated 60 K.W x 2 for calculating the connected load and, therefore, he calculated that the total connected load is 187.22 H.P against the contracted load of 124 H.P. Looking to the definition 'connected load" is defined in clause (h) of condition No. 1 of the Conditions and Miscellaneous Charges for Supply of Electrical Energy reads as under: (h) "Connected Load" shall means the sum of the rated capacities of all the energy consuming devices on the consumer's apparatus which can be operated simultaneously with the exemption of the equipments which are listed below. For Residential Consumers Mixer Grinder Juicer Sewing Machines Hot Iron For Commercial Consumers Equipments kept for demonstration purpose only