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SABYASACHI BHATTACHARYYA
Saibal Sen – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioners are partners of a firm which runs a business by the name of M/s. New Senco Bakery.
2. Previously, the petitioners' predecessor-in-interest, one Sri Ashim Kumar Sen, since deceased, used to run the said business. Subsequently, on his demise, the petitioners have been running the same. Sometime in February, 2020, the WBSEDCL (respondent no.1) held an inspection at the petitioners' premises and alleged that there was unauthorized use of electricity by way of extension of load to commercial premises (lodge). An assessment was made under Section 126 of the Electricity Act, 2003 (in short, “the 2003 Act”) and the electricity supply was disconnected on such allegation. A criminal proceeding was also initiated. Ultimately, the petitioners deposited the assessed amount and the criminal offences were compounded.
3. Thereafter, upon clearance of all the due payments, the petitioners sought for restoration of the electricity connection.
4. Despite such payments, the WBSEDCL subsequently refused to give such connection on a new ground that there was a further due of Rs.16,86,023.98p in respect of a different Consumer ID bearing no.941611900
The main legal point established in the judgment is the application of Section 56(2) of the Electricity Act, 2003 and the relevant regulations in determining the time-barred nature of the claim for o....
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
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.
Point of law: Electricity – Recovery of due from subsequent owner - Article 62 of the Act, 1963 makes it clear that to enforce payment of money secured by a mortgage or otherwise charged upon immovab....
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
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....
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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