SUJATA PICTURES PALACE v. BIHAR STATE ELECTRICITY BOARD, PATNA
2006-03-28
R.K.MERATHIA
body2006
DigiLaw.ai
Judgment : ( 1 ) HEARD the parties on merits as per the last order. ( 2 ) THE dispute is regarding the electricity charges, during the period of the closure of business of petitioner. ( 3 ) MR. Mittal submitted that the Cinema hall was closed on 15-7-1995, as per the order of District Cinema Magistrate. On 12-12-1995, the line was disconnected. Petitioner got it restored on 28-8-1996. He submitted that petitioner is not liable to pay the electricity charges for the said period of closure of Cinema Hall as the petitioner has not used electricity during the said period. He submitted that, in any event, on the date of disconnection of electricity, petitioner ceased to be a consumer. He also submitted that calculation of the demand was wrong as admitted by the respondents in paragraph 11 of the counter affidavit. ( 4 ) MR. Mukesh Kumar, appearing for the board, submitted that the petitioner is bound to pay the minimum monthly consumption charges, (MMC for short) and the fixed charges; the line was disconnected for non-payment of the dues of electricity; thus, the Board was not at fault. ( 5 ) IN my opinion, petitioner is liable to pay the MMC charges and the fixed charges even if the Cinema Hall was closed from 15-7-1995. However, after the line was disconnected on 12-12-1995, it is not liable to pay the MMC charges and the fixed charges as the petitioner ceased to be a consumer, in the absence of any agreement to the contrary. For non payment of dues, the line can be disconnected. After disconnection of line, the Board cannot go on charging MMC charges/fixed charges. Though it can realize the dues, in accordance with law. Only because, on the request of the consumer. The line is restored, the fixed charges and MMC charges cannot be levied for the period of disconnection. The position would have been different, in case of any agreement to the contrary. Admittedly, there is no written agreement between the parties and they are guided by the tariff. There is no provision in the tariff that during disconnection period also, the fixed charges and MMC charges can be levied. ( 6 ) IN this case, on 9-5-1997, out of the disputed demand, on payment of Rs. 1 Lac, realization of the balance amount of Rs. 1,33,396.
There is no provision in the tariff that during disconnection period also, the fixed charges and MMC charges can be levied. ( 6 ) IN this case, on 9-5-1997, out of the disputed demand, on payment of Rs. 1 Lac, realization of the balance amount of Rs. 1,33,396. 61 along with the amount of delayed payment surcharge for the disputed bill (s) was kept in abeyance subject to the decision in this writ petition. ( 7 ) THE arrear including DPS if any upto the date of closure of Cinema Hall, i. e. 15-7-1995 is not in dispute. Apart from this amount, petitioner is held liable to pay the fixed charges, and MMC charges, till the date of disconnection only i. e. 12-12-1995. The payments made by the petitioner, should be adjusted with effect from the dates of the payments. ( 8 ) ACCORDINGLY, petitioner will serve a copy of this order on the General Managercum-Chief Engineer, Ranchi Area Electricity board, Ranchi, within four weeks. The general Manager will ensure that a fresh bill, with details, is served on the petitioner, within two months from the date of receipt of this order. if petitioner files any objection to such bill within four weeks of its service, the General Manager will hear the parties and pass a speaking order on the same, in accordance with law, within two months from the date of receipt of such objection. It goes without saying that if any amount is found payable by the petitioner, it will be paid by it and if it is found that any excess amount has been paid, the same shall be adjusted towards the next monthly bills of the petitioner. ( 9 ) WITH these observations and directions, this application is allowed in part. No costs. Petition partly allowed. --- *** --- .