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VAIBHAVI D. NANAVATI
Uttar Gujarat Vij Company Ltd. , Through Its Deputy Engineer (O And M) – Appellant
Versus
Kanak Oil Industries – Respondent
JUDGMENT :
1. RULE, returnable forthwith. With the consent of the learned advocates appearing for the respective parties, the present matter is taken-up for final hearing.
1.1. By way of the present Petition, petitioner herein is aggrieved by the order dated 07.11.2020 passed by the respondent no.2 – Consumer Grievances Redressal Forum, Uttar Gujarat Vij Company Ltd. in case No. UGA-03-005-2020-21, directing the petitioner to revise the bill and issue the bill from the date of checking i.e. from 03.09.2016, considering the Multiplier Factor (for short ‘M.F.’- 2) and holding that the earlier period bill is not to be amended.
2. Brief facts leading to the filing of the present Petition read thus:
2.1. It is the case of the petitioner that the respondent no.1 is having LTMD connection NO. 23002005444 with contracted load of 44 KW. The meter of the respondent no.1 was replaced on 03.02.2009 vide checking sheet no. 001315, with multiplier factor-2.
2.2. On 03.09.2016, there was a regular checking, which did not look into the aspect of multiplier factor. The checking was only for accuracy of load. Thereafter on 16.09.2020, the connection of the respondent no.1 was checked. Thereafter, onc
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 court established that an electricity company can issue revised bills for bona fide mistakes in billing, reinforcing the consumer's obligation to pay based on accurate meter readings.
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.
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.
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 court reaffirmed that principles of natural justice require prior notice before taking actions that adversely affect a party's rights.
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.
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