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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Pizza Palace Pvt. Ltd., Rep. By One Of Its Director, Sri Birendra Kumar Beria, S/o. Lt. Raghunath Rai Beria – Appellant
Versus
Assam Power Distribution Company Limited – Respondent
Judgment :
(MICHAEL ZOTHANKHUMA, J.)
Heard Mr. O. P. Bhati, learned counsel for the petitioner and Mr. B. Choudhury, learned Standing Counsel for the APDCL.
2. The petitioner is aggrieved with the impugned letter dated 22.11.2014, issued by the respondent No. 3 to the petitioner, by which a supplementary bill, amounting to Rs.24,64,222/-, for the period w.e.f. 21.06.2007 to 01.11.2012 and 22.04.2013 to 30.06.2014, has been served upon the petitioner, inasmuch as, the energy bill served upon the petitioner earlier for the above-said period, had been calculated with the Multiplying Factor of 1, which had been corrected by way of the supplementary bill, by using the correct Multiplying Factor of 15. The petitioner has also put to challenge the impugned letter dated 15.05.2015 issued by the respondent No. 5, which rejected the petitioner’s appeal for dismissing the supplementary bill.
3. The petitioner’s case in brief is that the petitioner had been issued a supplementary bill dated 21.11.2014, for paying electricity bill amounting to Rs.24,64,222/-. The supplementary bill was for payment of electricity charges by applying the Multiplying Factor of 15 for two periods, i.e., from 21.06.2007
The obligation to pay electricity charges arises upon the issuance of the bill, thus supplementary demands can be made regardless of billing errors, provided service is not disconnected for payment f....
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 obligation to pay electricity charges arises upon issuance of the bill, which constitutes the first due amount, regardless of prior consumption, as per Section 56 of the Electricity Act, 2013.
The obligation to pay electricity charges arises upon the issuance of a bill, as clarified under Section 56 of the Electricity Act, allowing supplementary demands beyond the usual limitation period w....
The obligation to pay electricity charges arises upon issuance of a bill, which constitutes the first due, and the limitation period under Section 56(2) does not prevent supplementary demands.
The court held that a licensee can correct a bona fide mistake in billing even after the two-year limitation period for recovery of dues under Section 56(2) of The Electricity Act, 2003.
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.
Dues under Section 56(2) of the Electricity Act, 2003 commence from the billing demand, not consumption.
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