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SABYASACHI BHATTACHARYYA
Sureka Modern Rice Mill Private Limited – Appellant
Versus
West Bengal State Electricity Distribution Company Limted – Respondent
JUDGMENT
1. The petitioner, a rice mill, is a consumer under the West Bengal State Electricity Distribution Company (WBSEDCL). Although the petitioner has paid all electricity bills on a regular basis, on March 5, 2018, the WBSEDCL intimated the petitioner that the bills for the month of November, 2017, December, 2017 and January, 2018 were wrongly generated due to alleged defective Potential Transformer (PT) circuit developed on and from November 3, 2017, resulting in partial demand as per consumption in the meter during the said period. The WBSEDCL demanded that the dues outstanding for the said period of three months amounted to Rs. 17, 03, 072/-.
2. The petitioner rebutted such claim by a reply dated March 9, 2018. However, subsequent disconnection notices were sent to the petitioner on the ground of non-payment of such alleged outstanding dues. This prompted the petitioner to prefer the instant challenge against the alleged rectified outstanding bill.
3. The petitioner disputes the allegation that the meter in question was defective at any point of time. It is argued that in the event the circuit/meter was defective, there was no justification for the WBSEDCL to charge outstandin
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....
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.
The court established that the billing for defective meters must comply with the provisions of the Electricity Act, 2003 and the relevant regulations, and upheld the decisions of the statutory forums....
Determining meter correctness is limited to physical defects; wiring errors cannot invoke inspector reviews as per Indian Electricity Act, 1910.
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 accuracy of meters under the General Purpose Tariff and the dispute resolution process under the Odisha Electricity Regulatory Commission Distribution (Condition of Supply) Code, 2004 were centra....
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.
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