(1.) HEARD Mr. Biren Poddar, learned Counsel appearing for the petitioner and Mr. V. P. Singh, learned Counsel appearing for the Electricity Board.
(2.) IN this writ application the petitioner seeks declaration that petitioner is not liable to pay delayed payment Surcharge amounting to Rs. 94,699.00 under clause 16.2(a) of the 1993 Tariff and also entitled to the rebate for timely payment of the bill for the month of April, 1995.
(3.) THE facts of the case are not much in dispute. When the energy bill for the month of April, 1995 had not been received by the petitioner till 23 -5 -95 the petitioner made inquiry from the office of the Electrical Superintending Engineer, Jamshedpur Electrical Circle, Adityapur, Jamshedpur from where copy of the bill was handed over to the petitioner on 24 -5 -95. On receipt of the copy of the bill petitioner immediately paid the amount shown in the bill in full on 25 -5 -95. Petitioner thereafter made a claim vide letter dated 25 -5 -95 stating inter alia that the payment of the bill of April, 1995 was made within the due date as the bill was posted under Postal Certificate only on 13. -5 -95. When the petitioner received the bill for the month of May, 1995 they were surprised to find that the amount of Rs. 94,699.00 had been shown as the Delayed Payment Surcharge and the prompt payment rebate of Rs. 19,104.00 had been treated as forfeited. Petitioner then made representation to the Chairman of the Board vide letter dated 15 -6 -95 in response whereof petitioner was informed that according to the decision of the Chairman petitioner was liable to pay D.P.S. charges and also will not be entitled to the benefit of rebate. Petitioner then filed writ petition challenging the decision of the Chairman being CWJC No. 3095 of 1997(R). This Court by order dated 13 -11 -98 allowed the writ application and quashed the decision of the Chairman and remitted back the matter to the General Manager of the Board directing him to decide the claim of the petitioner. Petitioners case is that in terms of the direction of the Court a detailed claim was made before the General Manager -cum -Chief Engineer on 26 -11 -98 but till date no decision has been taken.