SAILENDRA NATH DAS Vs. CESC LIMITED AND ORS.

JUDGEMENT

(1.) The subject matter of dispute in this writ petition is the Bill for the month of June, 2000. In that it has been shown that there is an arrear for the month of April, 2000 to the extent of Rs. 15, 695. 95p. It has been stated in the Bill that the petitioner may have for gotton to pay the Bill for the month of April, 2000 amounting to Rs. 15,695.95p. Admittedly, on such Bill was ever raised. The Bill for the month of April, 2000 has not been produced.In the affidavit, it has been contended that for the month of Dec., 1999 and for the months of January,February and March, 2000 access was not available to the petitioner's meter box and accordingly for the said months average bills have been raised, but access was available in April, 2000 when after taking proper meter reading and giving credit for the average charges levelled for the months of Dec., 1999 and Jan., Feb. and March, 2000, the claim on account of electricity consumed upto April, 2000 stood at Rs. 15, 695. 95p. and accordingly the same was shown as arrear in the Bill for June,2000. Until and unless the Bill is raised as claimed and therein proper adjustments are shown, as has been contended, the petitioner did not incur any obligation to pay any such claim.This Court in Aruna Apartment Owners Association Vs. Calcutta Electric Supply Corporation Ltd. was considering clause 16 of the model form of draft conditions of supply contained in Appendix VI to the Indian Electricity Rules,1958 which says, inter alia, that the bills should be paid at the licensee's local office within 15 days from the date of presentation. A Bill or an invoice is nothing but a demand from the person who is obliged to meet such demand, disclosing the particulars upon which such liability has been fixed. Until such demand is raised giving the particulars of such demand,there is no demand at all.Therefore, since the Bill for the month of April, 2000 has not yet been raised but it has been shown in the Bill for the month of June, 2000 that something is due on account of the bill for the month of April 2000, the same is wholly inappropriate and the petitioner has acquired no liability to discharge the same.The petitioner shall, however, be obliged to pay the Bill for the month of June, 2000 as well as all subsequent Bills excepting the claim of Rs. 15, 695.95p. shown as arrears in respect of those bills on account of the Bill for April, 2000. In the event, however, a bill is raised by CESC Ltd. upon the petitioner for the month of April, 2000, then the petitioner would acquire a liability to pay the same within 15 days from the date of such bill.

(2.) Be it recorded that allegations made in the affidavit-in-opposition are not admitted by the petitioner.

(3.) This disposes of the writ petition.