KRISHNA GOVIND AGRAWAL Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Respondent-erstwhile Electricity Board cannot convert their inaction as well as failure to take a decision to their advantage by penalizing the consumer which has been done in the present case. As per the assertion in the writ application petitioner had connected load of 3 KW in NDS-II. It is his case that looking at the load factor he made a request to the local functionaries of the erstwhile Board for enhancement of load from 3 KW to 6 KW. On the calculation and advice of the Assistant Electrical Engineer, he deposited security money of Rs. 4500/- as requisite fee-cum-security money for enhancement of load. It is also his case that thereafter one Moti Lal who happened to be the employee of the Board visited the premises of the petitioner and wanted to be obliged. Petitioner refused to entertain him since he had already agreed to enhance load and for which he had already taken steps by a deposit on 13.5.2008 itself.

(2.) The said Moti Lal with some other officers visited the premises of the petitioner on 15.5.2008 and again made physical verification of the load which was found to be less than 6 KW. Treating that inspection to be a case of overdrawal of power from the sanctioned load, liability has been created upon the petitioner to which he protested but still no cognizance of his grievance has been taken by the Executive Engineer including the General Manager-cum-Chief Engineer, Bhagalpur. He passed an order on 18.2.2010 upholding the demand upon the petitioner saying that when the inspection was made, load was found to be more than 3 KW and certain formalities were required to be done for enhancement of the load which was not done.

(3.) Counsel for the petitioner further submits that till date he has no information or knowledge as to what has been done in the records of the Electricity Board. There may be provision for another meter as well as 3 phase line to be provided on enhancement of load beyond 5 KW but since respondents have not done anything or asked or directed the petitioner to do anything, his old connection with running meter, which registered the correct consumption continued to deliver services and bills are required to be raised on the basis of the said consumption.