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AHSANUDDIN AMANULLAH
Gokul Steels Private Limited – Appellant
Versus
South Bihar Power Distribution Company Limited – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and Mr. Umesh Prasad Singh, learned senior counsel along with Prakash Kumar, learned counsel for the respondents.
2. The petitioner has moved the Court for the following reliefs:
"(i) For quashing of the letter no. 3109 dated 02.12.2020 issued by the respondent no.2, whereby and whereunder a supplementary demand to the extent of Rs.5,67,41,905/- for the period August, 2015 to October, 2020 has been raised on the ground that the earlier bills were raised erroneously.
(ii) For quashing of the bill dated 02.12.2020 issued in pursuance of the letter no. 3109 dated 2.12.2020 for Rs.5,67,41,905/-
(iii) For a direction to the respondent authorities not to insist upon the demand till the veracity/correctness of the meter is tested by a check meter in accordance with the provisions as contained in the Bihar Electricity Supply Code, 2007.
(iv) For a direction to the respondent authorities not to incorporate the supplementary demand, in regular future energy bills, as current consumption charges is distinct from any supplementary bill issued in terms of Section 56 of the Electricity Act, 2003.
(v) For
The error in applying the multiplying factor did not absolve the petitioner from paying the charges, and the respondents were entitled to raise the supplementary demand.
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.
The Electricity Board must refer disputes regarding defective meters to the Electrical Inspector before raising supplementary bills, as mandated by S.26(6) of the Indian Electricity Act, 1910.
The obligation to pay electricity charges arises upon issuance of a bill, which constitutes the first due, and the limitation period under Section 56(2) does not prevent supplementary demands.
The obligation to pay electricity charges arises upon issuance of the bill, which constitutes the first due amount, regardless of prior consumption, as per Section 56 of the Electricity Act, 2013.
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 obligation to pay electricity charges arises upon the issuance of a bill, as clarified under Section 56 of the Electricity Act, allowing supplementary demands beyond the usual limitation period w....
A mistake or bona fide error can justify a supplementary bill, and the prospective loss to be suffered due to belated billing is not a relevant factor.
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