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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
UCO Bank, Maligaon Branch – Appellant
Versus
Assam Power Distribution Company Ltd. – Respondent
| Table of Content |
|---|
| 1. discrepancy in electricity billing and consumption. (Para 2 , 8 , 9 , 10) |
| 2. arguments regarding meter accuracy and billing practices. (Para 3 , 4 , 5 , 6) |
| 3. court's review of evidence and legal standards. (Para 7 , 11) |
| 4. legal interpretation of section 56 of the electricity act. (Para 12 , 13) |
| 5. final decision and order regarding payment timeline. (Para 14 , 15 , 16) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. M. Sharma, the learned counsel appearing on behalf of the petitioner. Mr. B. Choudhury, the learned Standing Counsel appears on behalf of the Respondent APDCL.
2. The petitioner herein has invoked the extraordinary jurisdiction of this Court challenging the bill dated 14.03.2019 of an amount of Rs. 5,82,030/- (Rupees Five Lakh Eighty Two Thousand Thirty) as well as the notice dated 04.04.2019. The specific case of the petitioner in the instant writ petition is that all along the bills which have been raised by the Respondent APDCL would show that the maximum consumption of units of the petitioner in a month was 2286. However, for the bill period of 31.10.2018 to 31.12.2018, the unit consumption shown was 61238 and on the basis thereof, a bill was generated of a
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 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....
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.
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 interpretation of Section 56(2) of the Electricity Act, 2003, restricts the recovery of electricity charges for a period not more than two years preceding the date of the first demand of such cha....
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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