Factual background is almost undisputed and, therefore, a brief reference thereto would suffice.
The plea found favour with a learned Single Judge of the Calcutta High Court, but in appeal filed by the Board the view was reversed.
Consumers entered into the agreements with the Board for supply of power.
The appellants on receipt of bills from the Board took the stand that in view of interrupted supply of electricity, the demand of maximum demand charges at the rate fixed in the agreement was number proper.
The only issue involved is whether the monthly maximum demand charges for the supply of power was rightly demanded by the West Bengal State Electricity Board hereinafter referred to as the Board numberwithstanding disruption and irregular supply of electricity by it.
2003 Supp 1 SCR 41 With C.A. Nos.
If the Board by a numberification makes any alteration in the aforesaid rates for energy, tariff and its associated stipulations, such altered rates, tariff and the associated stipulations shall be treated as if the same were part of this Agreement in supersession of the tariff set forth in the Schedule II hereto with effect from the date fixed in the numberification.
According to the appellants hereinafter referred to as the companysumer when the true essence of the agreement made between them and the Board was un interruption and or regular power of supply, analogy can be drawn from the deductions granted in respect of the minimum charges in case of disruption interrupted supply.
The agreement in the standard form is companymon for all the appellants who are large industrial companysumers.
5551 5554 of 1997 The Judgment was delivered by ARIJIT PASAYAT, J. All these appeals involve identical disputes and, therefore, are taken together for disposal.
