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SABYASACHI BHATTACHARYYA
Agarwala Agro Rice Mills Private Limited – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT
1. The petitioner no. 1- company (previously M/s Sunita Rice Mills, a unit of Delta Merchandise Private Limited, now Agarwala Agro Rice Mills Private Limited) runs a rice mill and the petitioner no. 2 is one of its directors. The petitioner no. 1 has been enjoying electricity supply from the respondent no. 1-WBSEDCL (West Bengal State Electricity Distribution Company Limited) for running the mill from the month of February, 2016. The petitioner no. 1 has been paying the current electricity charges regularly on the basis of bills raised by the WBSEDCL.
2. On January 28, 2019, the WBSEDCL issued a Memo to the petitioner no. 1 intimating that during a visit to the petitioners' premises on January 25, 2019 it was observed that the installed CT ratio should be 100/5 Amp instead of 50/5 Amp, which was not updated inadvertently from November, 2017, as a consequence of which the net multiplying factor (MF) had been reduced to 1000 instead of 2000.
3. Accordingly, on February 18, 2019 a bill was raised for the billing cycle January, 2019, including the allegedly outstanding amount of Rs. 2,00,88, 271.77 p (Rupees Two Crore Eighty-Eight Thousand Two Hundred and Seventy One and Seventy-
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.
Electricity distribution companies must follow the procedures prescribed by the WBERC Regulations and the Electricity Act, 2003, when alleging that a consumer's electricity meter is defective and whe....
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 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 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.
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.
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