Back
R. M. JOSHI
Maharashtra State Electricity Distribution Company Limited (MSEDCL) – Appellant
Versus
Jamiya Mohamad Education Society, Nashik – Respondent
JUDGMENT :
(R.M. Joshi, J.) :
1. Both the Writ Petitions involve similar question of facts and law and hence by consent of both the sides these Petitions are heard together and finally decided at the stage of admission.
2. There is no dispute with regard to the facts involved in these petitions. However for the sake of convenience, the same are reproduced herein below.
3. Respondent, an Education Institution, is consumer of Electricity and was given two electricity connections under Consumer Nos. 065748000199 and 065740001463, having 5 HP load under residential tariff as per the then prevailing tariff order. On 27.08.2015 petitioners flying squad conducted an inspection in the premises of the respondent, wherein it was found that the electricity connection is being used for running college as well as other public utility services. Hence, it was suggested that the tariff category of the respondent should be changed from LT-VA to LT-XA( Public Service) as per then prevailing tariff. The Petitioner company considering the inspection report issued supplementary bills of Rs.9,50,902.05 dated 08.09.2015 and Rs.1,27,000/- dated 30.03.2016.
4. Respondent being aggrieved by the said supplementar
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
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 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.
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.
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 affirmed that continuous showing of arrears in monthly bills permits recovery beyond the two-year limitation under Section 56 of the Electricity Act.
The limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
