BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN VIDYUT BHAWAN, BAILEY ROAD Vs. ICE BERG INDUSTRIES LTD., A COMPANY INCORPORATED

JUDGEMENT

(1.) The three appeals arise out of a common order dated 29.4.2010 disposing three writ applications. CWJC 4637 of 2008 and CWJC 9742 of 2009 preferred by respondent no.1, M/S. Iceberg Industries Ltd. (hereinafter referred to as the "Industry") challenging the Annual Minimum Guarantee bills with DPS (hereinafter referred to as "AMG" and "DPS") raised by the Appellant Board have been allowed with directions to compute the bills afresh excluding periods of illegal disconnection. CWJC 7314 of 2008 preferred by the Appellant Board against the order of the Consumer Redressal Forum (hereinafter referred to as the "Forum") constituted under the Electricity Act 2003 (hereinafter referred to as "the Act"), on an application by the Industry denying the Board to charge AMG and DPS for the period of illegal disconnection has been dismissed.

(2.) The Industry was provided a High Tension electric connection (hereinafter referred to as "H.T.") for setting up a Brewery. An agreement was entered between the parties in 2005, as an H.T. Consumer with a contract demand of 1000 KVA in HTS II category. Electric supply was energized on 6.5.2005. Charges for current consumption were raised and paid.

(3.) On 17.4.2006 a bill was raised for Rs.27, 11, 812/- towards AMG for the period 2005 06 payable by 6.5.2006. The Industry represented on 29.7.2006 for grant of instalments citing difficulties. The representation evoked no response. On 23.8.2006,a disconnection notice was served under Section 56 of the Act for non-payment of AMG bill with DPS for Rs. 33,38, 572/-. The Industry on 26.8.2006 again Patna High Court requested for grant of 10 instalments offering DPS also, citing difficulties occasioned by closure of the Unit ordered by the Excise department.