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SABYASACHI BHATTACHARYYA
Jaishree Steels Private Limited – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT :
1. The Court: The writ petition has been filed, challenging the imposition of Delayed Payment Surcharge (DPS), alternatively referred to as Late Payment Surcharge (LPSC), on electricity charges due from the petitioners.
2. The relevant facts are as follows:
3. On August 13, 2015, the erstwhile Distribution Licensee Durgapur Projects Limited (DPL) raised a supplementary bill demanding a sum of Rs.19,67,99,980/- as arrears payable by the petitioners.
4. There were talks of instalments between the parties and the DPL revised the principal dues of Rs.18.61 crore and granted twelve monthly instalments. The petitioners, although not in terms of the instalments granted, ultimately cleared the entire dues of Rs.18.61 crore by June 18, 2021. However, the first default in payment of the supplementary bill took place on September 18, 2015.
5. On January 1, 2019, DPL got merged into the West Bengal State Electricity Distribution Company Limited (WBSEDCL). On March 12, 2019, the WBSEDCL served a Notice demanding Rs.8.81 crore from the petitioners, being the balance dues in terms of the said supplementary bill of 2015.
6. The petitioners again asked for instalments, on which the respo
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....
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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