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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
| Table of Content |
|---|
| 1. challenges regarding supplementary billing period. (Para 2 , 3) |
| 2. limitation of two years under the electricity act. (Para 4 , 5 , 6) |
| 3. obligation to pay arises upon bill issuance. (Para 7 , 9 , 10) |
| 4. court emphasizes the significance of bill issuance in determining obligations. (Para 8) |
| 5. conditions for disconnection not applicable. (Para 11 , 12) |
| 6. petitioner must pay charges; petition dismissed. (Para 13 , 14 , 15) |
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 let
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.
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....
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 reaffirmed that under Section 56(2) of the Electricity Act, charges for electricity consumed can only be recovered for a period not exceeding two years preceding the first demand bill.
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