HIRALAL AGARWAL Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner while challenging the electrical energy bill for the period January, 1992 to June, 1992 has also prayed for a declaration that the action/inaction of the concerned respondent, in not reducing load w.e.f. December, 1991 is illegal, arbitrary and mala fide. Prayer has also been made to direct the respondents to refund or to adjust the excess amount stated to have been paid by the petitioner, after deduction of interest/delayed payment surcharge (D.P.S.). Petitioner has also challenged the demand raised on audit objection in respect to 30% of the load factor vide amendment petition with further prayer not to charge D.P.S.

(2.) The brief fact of the case shows that the petitioner was running a 'Atta chakki' in the name and title 'Hira Flour Mills'. It obtained electrical connection from respondents-Bihar State Electricity Board ('Board' in short) for his business, which was allowed with consumer No. L/1390 LTIS. The electricity load which was shown in the agreement was stated to have been increased from 20 H.P. to 22 H.P. vide agreement dated 3rdMay. 1980. It was further increased to 32 H.P. by subsequent agreement dated 23rd April, 1981.

(3.) According to the petitioner he gave one month notice on 11-11-1991 for reducing the load from 32 H.P. to 20 H.P. under Clause 9(a) of the agreement and by letter dated 9th December, 1991 also requested the Board to correct the electric bill for the month of September, 1991, audit charge having added therein.