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1990 DIGILAW 352 (PAT)

Hotel Vinit Pvt. Ltd. v. General Manager-Chief Engineer, Electricity Board, Bhagalpur

1990-10-30

G.C.BHARUKA

body1990
JUDGMENT G.C. Bhoruka, J. In this case the petitioner is a low tension industrial consumer. His grievances are that it has been subjected to electricity charges and subsequent billing on the basis of 30% load factor pursuant to a resolution dated 16.2.87. It has already been held by this Court in several reported and unreported cases that this mode of raising electricity bills is not in conformity with law and specially for the periods prior to 16.2.87. The bills can be raised only on the basis of three months average as stipulated under the agreement entered into by the board with the consumers. Therefore, so far as the bills raised against the petitioner for the period prior to 16.2.87 on the basis of 30% load factor are concerned, those have to be hold as illegal and unenforceable. I have been informed that for some subsequent period some dispute with regard to the correctness of the meter and consequential raising of bill is pending before the electrical inspector under section 26 (6) of the Indian Electricity Act, 1910. It needs no clarification' that for the periods the disputes are pending adjudication before the Electrical Inspector, the right and liabilities of the parties will abide by the decision rendered in the said proceeding subject to appeal and further judicial pronouncements. 2. The writ petition is accordingly disposed of. There will be no order as to costs.