JHARKHAND STATE ELECTRICITY BOARD Vs. RANCHI CLUB LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties. The Jharkhand State Electricity Board, successor of the Bihar State Electricity Board has challenged the judgment dated 11.03.2003 passed in CWJC NO. 2987/2000(R).

(2.) The facts in brief are that the writ petitioner-respondent has three separate electrical connection of 10 K.W. each in its premises for the last 30 to 40 years. In presence of the Club office bearers, an inspection of the premises was made and the inspection report was prepared. The total connected load was found to be 131.644 K.W. and in the remark column, it was recorded that as per the Club representative, A.C. was not in working condition and compressors were found removed during inspection but all motors were found connected.

(3.) Be that as it may, a bill was raised against the writ petitioner which was challenged on various grounds including on the ground that the bill has been raised by wrong calculation made under Clause 16.9.A(iv) of the tariff prescribed for charging of the electricity consumption. In such situation, the learned Single Judge, after considering Clause 16.9.A.(iv) and after considering the consumer category i.e. CS- III observed that in the assessment for charge as per formula which is Rs. CxM(LD-LS)x3 and what is 'M' is mentioned in Clause 16.9.A.(iv) observed that value of 'M' cannot be a fixed value but it is a variable value. The learned Single Judge for holding so considered the calculation given by the petitioner in the writ petition itself.