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.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. G.N. Sahewalla, learned Sr. counsel assisted by MS.K. Sarma, for the petitioners in WP (C) 2318/2019, Mr. S.K. Kejriwal, learned counsel for the writ petitioner in WP (C) 1147/2015 and Mr. U.S. Borgohain, learned counsel for the petitioner in WP (C) 7154/2015. And also heard Mr. S.P. Sharma, learned Standing counsel APDCL for the respondents.

2. Since the 3(three) writ petitions involved similar issue on facts and law, the same are disposed of by this common judgment and order.

3. The challenges made in these writ petitions are to the letters and demand notices, demanding payment of electricity bills whereby, the petitioners have been directed to pay the revised bill amount, failing which, disconnection of electricity shall be made against the petitioners. The impugned bills have been raised for different periods on account of difference in amount because of wrong application of Multiplier Factor & CT Ratio and on wrong calculation.

4. The challenge made in the writ petition WP (C) 1147/2015 is to the letters dated 05.12.2014 and 13.02.2015 and the revised bills whereby the respondent authority has demanded Rs. 14,59,680/- for the period 23.07.2011 to 07.08.2014, as accordingly to respondents due to oversight, the Multiplier Factor was wrongly calculated at 1 instead of 10. The demand is made for a total period of 37 months.

4.1. The brief facts of the case in this petition is that the petitioner is engaged in the poultry business. An electricity connection was provided to the petitioner’s unit on 23.07.2011. It is contended that the petitioner has been duly depositing all the final monthly bills raised by the respondents. On 22.09.2014, the petitioner received a letter dated 18.09.2014 from the respondent no. 3, whereby, exorbitant high energy bill dated 09.09.2014 for the period 07.08.2014 to 05.09.2014 was provided by informing that the petitioner’s unit was billed on the basis of multiplier factor of 1 instead of 10 and the energy bill for the period of 07.08.2014 to 05.09.2014 has been prepared by considering the multiplier factor of 10. Thereafter, by the impugned letter dated 05.12.2014, the petitioner was informed that due to oversight, energy bill for the period 23.07.2011 to 07.08.2014 was prepared by considering the multiplier factor of 1 instead of 10. Thereby, forwarded the impugned statement of calculation demanding an amount of Rs. 14,59,680/- .

4.2. It is contended that the final monthly bills for the said period having been raised and realised and the liability of the petitioner having been crystalized, there remains no liability on the part of the petitioner and claims that there could not be any question of petitioner making any further payment in respect of concluded transaction pertaining to the said bill.

4.3. The petitioner filed an appeal on 16.12.2014 before the appellate authority on the ground that the impugned bills is barred by limitation as provided under Section 56 (2) of the Electricity Act, 2003 and Clause 4.3.3 of the Electricity Supply Code and Related Matter Regulations, 2004, since the said amount was never shown in any of the previous monthly bills as arrear of charges to be recovered from the petitioner and the petitioner could not be saddled with any liability for the period for which the final bills were already raised and realised making the transaction concluded. The said appeal has been dismissed which as informed vide letter dated 13.02.2015 and the supplementary bill was corrected and thereafter directed the petitioner to pay the amount of Rs. 14,59,680/- . Hence this present petition.

4.4. It is contended by Mr. S.K. Kejriwal, learned counsel for the petitioner, that Rule 6 of the Electricity (Rights of Consumers) Rules, 2020 is framed by the Central Government in exercise of the statutory powers conferred by Sub-Section (1) read with clause (z) of Sub-Section (2) of Section 176 of the Electricity Act, 2003. Rule 6(1) of the said Rules deals with ‘Bil