JHARKHAND STATE ELECTRICITY BOARD Vs. MANGALAM PLASTICS

JUDGEMENT

(1.) The instant writ petition has been filed under Article 226 of the Constitution of India directed against the order passed by the Vidyut Upbhokta Shikayat Niwaran Forum, (herein referred as VUSNF) Ranchi dtd. 24/2/2011 in case no. 13 of 2010 by which the bills issued for the month of November 2009 to February 2010 have been quashed and JSEB (writ petitioner herein) was directed to refund/adjust the amount charged and recovered to the tune of Rs.83455.00 with interest. Further, the quashing of the order dtd. 19/7/2011 passed by the Electricity Ombudsman in appeal has also been sought for by which order dtd. 24/2/2011 has been confirmed.

(2.) The brief facts of the case as per the pleading made in the writ petition reads as:

(3.) It is evident from the factual aspect that the respondent-consumer was granted an electric connection for 105KVA load at 11 K.V. supply voltage for running its plastic industry under HTS-I tariff. The date of commencement of supply was 4/9/2007. It has been alleged that in the month of November 2009, the maximum demand of the petitioner recorded more than 115% of the contract demand. i.e., 128.85 K.V.A. The writ petitioner, the licensee has charged recorded 128.85 K.V.A along with the extra amount of Rs.12,262.00 without any basis and contrary to the provisions of the tariff of 20032004.