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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
BMC Metal Cast Ltd – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited – Respondent
| Table of Content |
|---|
| 1. case arises from two writ petitions. (Para 1 , 2 , 3) |
| 2. challenging the entitlement to voltage rebate. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments regarding tariff interpretation and arrears. (Para 9 , 10 , 11) |
| 4. court's observations on issues raised. (Para 12 , 14 , 15) |
| 5. analysis of the tariff provisions and application. (Para 18 , 19 , 20) |
| 6. interpretation of provisions affecting rebates. (Para 21 , 22 , 23 , 24) |
| 7. determining status of arrears for rebate eligibility. (Para 36 , 39) |
| 8. interpretation of tariff provisions regarding arrears and eligibility for rebates. (Para 37) |
| 9. letters and bills quashed; claims on arrears ruled. (Para 61 , 62) |
| 10. final decision on voltage rebate claims. (Para 63) |
JUDGMENT :
Anubha Rawat Choudhary, J.
These appeals arise out of a common judgment dated 03rd February 2020 passed in W.P. (C) No. 1284 of 2014 and W.P. (C) No. 5057 of 2015. L.P.A. No. 140 of 2020 arises from W.P. (C) No. 5057 of 2015 and L.P.A. No. 143 of 2020 arises from W.P. (C) No. 1284 of 2014.
2. W.P. (C) No. 1284 of 2014 was filed by the then Jharkhand State Electric
Consumers are not entitled to voltage rebates if in arrears; however, amounts kept in abeyance do not constitute arrears for rebate eligibility under tariff provisions.
The court emphasized that the circulars were issued to encourage consumption of electricity during lean hours and not to confer benefits retrospectively, and that the circular could not be made effec....
The main legal point established in the judgment is that the DVC could claim dues on the basis of differential amounts of charges in 2021, after the final tariffs were fixed in 2020. However, the DVC....
The court established that consumers cannot be charged for interest/carrying costs due to DISCOMS' delayed payments, limiting the special fuel surcharge to the original principal amount only.
The main legal point established is that public authorities are bound by the principles of promissory estoppel and legitimate expectation, and cannot resile from conferring rights through notificatio....
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