RAM JAISWAL Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner prays for quashing the statement of account submitted by respondent no. 2 vide his letter No.1076 dated 26.8.2002 contained in Annexure-1 illegally claiming a sum of Rs.13,38,629.36, as being in violation of order dated 10.8.2002 passed by the Electric Inspector, Bihar, Patna which was affirmed in appeal by the Advisory Board. The petitioner complained to the respondent that the petitioner is a Private Limited Company engaged in manufacturing of Jute threads in the outskirt of Purnea Town. The petitioner complained to the respondent Board that the meter installed in its factory premises is defective as the same was recording abnormally high energy. The petitioner requested the Board repeatedly for testing of this meter. The meter was tested in Meter Testing Laboratory in presence of a representative of the Electric Inspector and the Board, Respondent no.1, promptly changed the meter with a new one in the factory premises of the petitioner on about 24.2.2000. The petitioner again made a grievance that this meter was too running abnormally high. The meter installed in petitioner's premises with two check meters was tested between 9.8.2000 and 19.8.2000 which shows that KWH, KVAH and KVA were being recorded 114%, 102.6% and 94.4% fast. In sub-stance, the authorities observed that the meter was recording almost double of the consumption. The petitioner requested the respondent no. 2 to revise the aforesaid bill in accordance with law but no heed was paid thereon.

(2.) The petitioner filed C.W.J.C.No. 12877 of 2001 for redressal of his grievance. The writ application was disposed of vide order dated 29.11.2001 with direction to refer the matter to the Electric Inspector under Section 26(6) of the Indian Electricity Act, 1910 , who would be obliged to look into the grievance raised by the petitioner, taking into consideration the readings recorded in the Check meter and the reports submitted by the office of the State Electricity Board. Further more after giving proper opportunity to both the parties and hearing them, the Electric Inspector will decide the matter finally. This Court further observed that the petitioner would pay only 50% of the bill for the time being.

(3.) The Electric Inspector after hearing the parties found that the meter of the petitioner was running faster by more than 100%. As such he directed that the bill should be revised accordingly. The Electric Inspector further observed that no interest should be charged on delayed payment vide order dated 9.8.2002.