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2002 DIGILAW 6 (JHR)

Super Paint And Varnish v. B. S. E. B.

2002-01-03

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. Heard the parties. 2. The petitioner has prayed for quashing the bills for the month of March, 2000 which have been raised in the name of M/s Super Paint and Varnish of Barwadih and Mr. Bishwanath Prasad Dokania of Barwadih. 3. Without going into the details of the facts, suffice is to say that till February, 2000 whatever bills were raised by the Board, have been paid by the petitioner. The bill dated 16.3.2000 issued in the name of M/s. Super Paint and Varnish shows that for consumption of electricity a sum of Rs. 4,996/- was charged. Similarly, in an another bill in the name of M/s. Bishwanath Prasad Dokania a sum of Rs. 3,945/- was charged. In both the bills raised, arrears have been shown as nil. Surprisingly in the bills raised just in the next month, i.e. March, 2000 arrears have been sown as Rs. 38,772/- and Rs. 38,882/- in the respective bills. In the bill raised for the month of April, 2000 arrears have been shown as Rs. 58,806.43 paise and Rs. 41,814.05 paise. The petitioner immediately raised objection to the said bills but no action has been taken. 4. The stand of the respondents in the counter affidavit is that the arrears shown in the bills are the amounts of fuel surcharge which was raised as per the direction of the Boards circular dated 14.9.1999. The bill for revised fuel surcharge has been raised from July, 1993 to August, 1999. 5. In my opinion, even assuming that by virtue of the circular aforesaid, the petitioner was liable to pay the difference of revised fuel surcharge, before raising the impugned bills the consumer ought to have been given notice intimating them about their liability for payment of revised fuel surcharge. It was only after entertaining the objection, if any, the said revised fuel surcharge could have been claimed by raising fresh bills. On this ground alone I quash the impugned bills so far as the amount shown as arrears is concerned. The Board shall raise fresh bill for arrears of revised fuel surcharge, if any, after giving opportunity of filing objection to the claim of fuel surcharge. On this ground alone I quash the impugned bills so far as the amount shown as arrears is concerned. The Board shall raise fresh bill for arrears of revised fuel surcharge, if any, after giving opportunity of filing objection to the claim of fuel surcharge. The petitioner shall file objection in response to the notice that may be issued by the Board claiming fuel surcharge and the Board, after disposing of the objection, shall raise fresh bills in respect of fuel surcharge. If the petitioner is found liable to pay the same in accordance with law. Needless to say that any amount which has been paid by the petitioner pursuant to the order of this Court, shall be adjusted as against the fuel surcharge if the petitioner is found liable to pay to the Board.