Sourya Metals Ltd. v. Jharkhand State Electricity Board Through Its Chairman
2005-04-08
M.Y.EQBAL
body2005
DigiLaw.ai
ORDER M.Y. Eqbal, J. 1. The short question that falls for consideration in this writ petition is as to whether interest or delayed payment surcharge shall be charged and realized by the Electricity Board on account of late deposit of security amount. 2. The petitioner is running an industrial unit at Pardih, Mango, Jamshedpur. The petitioner applied for electric connection and vide letter dated 15.5.2004 the Board sanctioned electricity connection under High Tension Tariff for Induction Furnace. In the sanction letter for 970 KVA, a sum of Rs. 29,44,920/- was directed to be deposited by the petitioner as security amount. The petitioner vide application dated 14.5.2002 requested the General Manager-cum- Chief engineer, Singhbhum Area Electricity Board to fix instalment in connection with payment of security deposit. The General Manager vide letter dated 16.5.2002 granted 10 instalments for deposit of the aforesaid security amount. Petitioner paid first instalment of Rs. 2,94.492/- on 23.4.2002 and entered into High Tension Agreement on 26.3.2003. The petitioner thereafter vide letter dated 17.3.2003 requested the General Manager-cum-Chief engineer to allow it to deposit the security amount in 12 instalments. Pursuant to the aforesaid letter, the respondent-Board allowed payment of the security amount in 12 instalments. The petitioner accordingly, deposited the entire security amount. However, by letter dated 18.12.2004, the respondent-Board asked the petitioner to deposit a sum of Rs. 13,04,525/- as delayed payment surcharge. As it was mentioned in the said letter that if the petitioner does not deposit the said amount the electricity line of the petitioner will be disconnected, the petitioner said to have deposited the entire security amount. 3. The case of the respondent-Board in the counter-affidavit is that since the petitioner did not pay the security deposit in time framed, the delayed payment surcharge has been levied. It is contended that in terms of clause 15.3 (d) of the Tariff, the petitioner is liable to pay interest/delayed payment surcharge at the rate of 2% per month on the unpaid amount of security deposit. 4. During the pendency of the writ petition, the respondent- Board disconnected the electric connection of the petitioner. 5. I have heard Mr. M.S. Mittal, learned counsel for the petitioner and Mr. Ajit Kumar, learned counsel for the respondent-Board. 6. Clause 15.3 of the 1993 Tariff deals with the provision of security deposit. This clause reads as under :-- "15.3.
4. During the pendency of the writ petition, the respondent- Board disconnected the electric connection of the petitioner. 5. I have heard Mr. M.S. Mittal, learned counsel for the petitioner and Mr. Ajit Kumar, learned counsel for the respondent-Board. 6. Clause 15.3 of the 1993 Tariff deals with the provision of security deposit. This clause reads as under :-- "15.3. SECURITY DEPOSIT.--(a) This is a deposit due from the consumer to the Board in respect of supply of energy on credit. No interest will be paid towards deposit of security. (b) The amount of security deposit to be paid before commencement of supply, shall cover three months estimated consumption subject to the following minimum : (i) For domestic (Rural), commercial (Rural) and street light service Rs. 150/-per connection. (ii) For irrigation and agriculture service Rs. 100/- per HP per connection. (iii) For irrigation and agriculture service Rs. 100/- per H.P. per connection. (iv) For LTIS-I, a sum of Rs. 300/- per BHP or part thereof and for LTIS-II a sum of Rs. 400/- per BHP or part thereof. (v) For service for which minimum base charge has been specified in clause 15.2, the security deposit shall be equal to three months minimum base charges. (c) The amount of security deposit is liable to be enhanced on review from time to time, such review shall take place twice every year namely in October- November for the period April to September and in April-May for the period October to March. If half of the aggregate amount of all the bills relating to any of the aforesaid half yearly period exceeds by 20 per cent the existing security deposit, then the security deposit shall be enhanced to that amount rounded off to ten rupees, Operational surcharge, if application shall be taken into consideration in the aforesaid calculation but delayed payment surcharge levied during the year, if any, shall be excluded. (d) If the additional deposit, wherever payable, is not paid on demand by a date to be fixed by the Board in the manner specified in clause 15.4 (n), the service may be disconnected on serving seven days notice and connection thereafter can only be restored in the deposit is made in full alongwith the prescribed disconnection and reconnection charges and the surcharge @ 2% per month of the amount outstanding.
(e) The entire amount of security deposit in case of all categories of consumers will be deposited in cash. (f) In case of existing consumers who have deposited security in shape of B.G. shall also have to deposit the same in cash within six months of this tariff notification. In case of non-depositing the cash security. the service line may be disconnected after giving seven days notice. (g) In case the deposit having exhausted on adjustment or becoming insufficient on account of enhancement of adjustment, the full amount or the difference, as the case may be shall be payable in manner, and subject to the condition mentioned in sub-clause ("c" and "d") above." 7. Mr. Ajit Kumar, learned counsel appearing for the respondent-Board drew may attention to Annexure-4 to the writ petition and submitted that while granting time for payment of the security amount in instalment, it was mentioned that the provision in the Tariff will be liable to be levied and the failure of payment at any stage will be liable to disconnection of power supply in the premises. According to the respondents, therefore delayed payment surcharge/interest is payable on account of default in payment of security deposit in time. I do not find any force in the submission of the learned counsel. 8. It is well settled that the security deposit is in the nature of advance payment and the electricity Board only ensures prompt payment of bill which is the object of the security deposit. It is, in fact, a deposit against future liability and in case of default by the consumer in payment of bill, the Board is free to adjust the security deposit against the bills. From perusal of Clause 15.3 of the Tariff, quoted herein above, it is manifestly clear that the Board has not been empowered to charge delayed payment surcharge/Interest on the security amount if not deposited within time. The only recourse to the Board for non-deposit of the security amount is to disconnect the supply of the electricity. In my considered opinion, therefore, the respondent- Board is not entitled to realize the delayed payment surcharge/interest on account of non- deposit of the security amount in time. 9. For the aforesaid reasons, this writ petition is allowed and the respondents demand of interest/delayed payment surcharge is quashed.