The calculation sheet provided to the petitioner cannot be treated as an order of assessment under Section 126 of the Electricity Act, 2003. The demand raised in the form of the calculation sheet is contrary to the applicable tariff and is quashed.

ORDER :

The writ petition is taken up today through Video conferencing.

The present writ petition has been preferred for following reliefs:

(i) to quash the impugned order dated 01.04.2021 passed by the Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF) wherein the complaint filed by the petitioner was rejected on the ground of maintainability;

(ii) to quash the alleged assessment amount raised by the respondents which has been raised in gross contravention of the provisions of the Electricity Act, 2003 as well as the provisions of Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015;

(iii) to quash the bills for the months of October, 2018 till August, 2019 which have been raised on the basis of High Tension Tariff without there being a High Tension connection;

(iv) to direct the respondents to issue current energy bills from the month of September 2019 on the basis of Commercial Services Tariff, till such time the Respondent-JBVNL makes appropriate arrangement to supply Energy Bills on the basis of High-Tension supply;

(v) to direct the respondents to make all arrangements for giving a High-Tension connection and consequently to execute an agreement under High Tension Tariff and thereafter to raise bills on the basis of High-Tension connection.

2. The petitioner has also filed I.A. No. 449 of 2022 for restraining the respondents from disconnecting the electricity supply to the petitioner’s premises and also to restrain them from acting in furtherance of letter no. 3173 dated 18.11.2021 (Annexure-IA-2 to the present interlocutory application) issued by the Electrical Executive Engineer (C&R), Electric Supply Circle, Ranchi.

3. The factual background of the case as stated in the writ petition is that partners of the petitioner – M/s Beena Hotel took an electrical connection under the NDS-II category of Tariff (Commercial Services Tariff) for a sanctioned load of 75 KW for running the hotel. An inspection was made in the premises of the petitioner on 27.11.2018 and a “Load Inspection Report” was prepared by the respondents according to which the connected load was found to be 102 KW instead of 75 KW and as per the said report, the connected load was beyond the maximum limit of Non-Domestic Service Tariff. One of the partners of the petitioner namely, Darshana Ajmani received a letter dated 02.01.2019 (signed on 31.12.2018) issued by the respondent no. 3 – the Electrical Executive Engineer, Electric Supply Division, Kokar, Ranchi, whereby she was informed that during inspection of her premises i.e., Beena Hotel, Station Road, Chutia, the load was found to as 102 KW instead of 75 KW and she was directed to convert the connection from Low-Tension Category to High-Tension category. By way of abundant caution, the partner of the petitioner namely, Darshana Ajmani applied for a High-Tension connection and filled the requisite form along with an application fee of Rs. 500/. Thereafter, she was served with a letter on 31.05.2019 by the respondent no. 4 – the Electrical Superintending Engineer, Electric Supply Circle, Ranchi, whereby a load of 135 KVA in HTS Tariff on 11 KV line was sanctioned, subject to the condition of her depositing Rs. 14,55,300/- as security amount. She was also asked to pay a sum of Rs. 7,64,725/- as a shortfall amount in reference to the inspection held on 27.11.2018. She was further directed to arrange a distribution transformer as per the sanctioned load. In the said letter at para-2, a sum of Rs. 7,64,725/ - was asked to be paid, but no separate bill/calculation sheet/show-cause notice/provisional assessment order/final assessment order was ever issued in that respect. Thereafter, the respondents issued a Corrigendum dated 28.12.2019 amending para-2 of the earlier letter dated 31.05.2019 and she was asked to pay a sum of Rs. 6,92,756/- instead of the earlier amount of Rs. 7,64,725/- as a shortfall amount in reference of inspection dated 27.11.2018, however, again no detail was giv