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G. ANUPAMA CHAKRAVARTHY
Gangotri Iron and Steel Co. Ltd. – Appellant
Versus
Bihar State Power Holding Company Ltd. – Respondent
G. Anupama Chakravarthy, J.—The petitioner has filed the Writ petition for the following reliefs:—
“(i) For quashing of that part of the Provisional Bill for the month October issued on 4th November 2008 (Annexure- 11) by which the Respondents have arbitrarily raised a demand of arrears of Delayed Payment Surcharge [Delayed Payment Surcharge] from the Petitioner as being wholly illegal, without jurisdiction;
(ii) For restraining the Respondents from taking any coercive measure including the connection of Electricity Line of the Petitioner for recovery of the arrears of payment of Delayed Payment Surcharge as the demand was neither legal nor justified;
(iii) For a direction to the Respondents to accept the Current Monthly Bill and not to insist for payment of any further installment of the Delayed Payment Surcharge as demanded by the Respondents;
(iv) For a direction to the Respondents to rectify the Bill of Delayed Payment Surcharge [Delayed Payment Surcharge] on all the issue like Fuel Surcharge, Annual Minimum Guarantee etc. and to settle the matter on this issue without any further delay; and for any other relief(s) for which the Petitioner may legally be found entitled to in the fa
The Ombudsman exceeded jurisdiction by preventing surcharge collection as per regulatory provisions, affirming that tariffs under the Electricity Act must be adhered to.
The methodology for calculating delayed payment surcharge (DPS) on electricity bills should be uniform for non-L & MV Agriculture Consumers for each slab of period of delay, and the term 'month' in C....
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.
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....
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 affirmed that continuous showing of arrears in monthly bills permits recovery beyond the two-year limitation under Section 56 of the Electricity Act.
The dismissal of the petitioner's appeal in CMA No.2485 of 2003 rendered the basis for the writ petitions untenable, and the petitioner is liable to pay the amount as determined by the impugned order....
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