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R. M. JOSHI
Maharashtra State Electricity Distribution Company Limited – Appellant
Versus
Suhasini D. Naik – Respondent
JUDGMENT :
1. Petitioner Electricity Distribution Company takes exception to the order dated 15.11.2022 passed by Consumer Grievance Redressal Forum (for short “CGRF”) in Case No. 071 of 2022 filed by the respondent, whereby direction was issued to revise recovery bill considering only 7939 units for consumption for the month of November-2020.
2. Parties are referred to as electricity company and consumer for the sake of convenience. There is no dispute about the fact that the consumer has been allotted electricity connection under No. 0030110044757 with connection load of 24.50 KW. On 14.02.2020 consumer applied for Solar Rooftop net metering connection and accordingly it was sanctioned for a load of 18.5 KW on 09.06.2020. Pursuant to the sanction, consumer purchased necessary meters, current transformers (for short “CT”) required for the said connection. The meter and CT were tested at MSEDCL, Vasai, testing laboratory on 17.06.2020 and 03.09.2020 respectively. It was found that the said meter and CT were “OK” i.e. suitable for installation. In November-2020, rooftop solar connection was released by electricity company by installing tested meters and CT in consumer’s premises by re
The court established that an electricity company can issue revised bills for bona fide mistakes in billing, reinforcing the consumer's obligation to pay based on accurate meter readings.
The right to recover electricity dues through civil suits is not barred by the two-year limitation for disconnection proceedings under Section 56(2) of the Electricity Act.
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
Supplementary bills can be raised for mistakes, but disconnection for non-payment after two years is prohibited under Section 56(2) of the Electricity Act, 2003.
The main legal point established is the application of the multiplying factor in electricity billing and the interpretation of Section 56(2) of the Electricity Act.
A licensee cannot exercise the power of electricity disconnection for the recovery of arrears that are more than two years old, unless such sums were continuously shown as recoverable in previous bil....
(1) What is extinguished by law of limitation, is remedy through a Court of law and not a remedy available, if any, de hors through a Court of law.(2) Raising of an additional demand in form of “shor....
The court reaffirmed that under Section 56(2) of the Electricity Act, charges for electricity consumed can only be recovered for a period not exceeding two years preceding the first demand bill.
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