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GAUHATI HIGH COURT
UCO BANK – Appellant
Versus
ASSAM POWER DISTRIBUTION COMPANY LTD. AND 7 ORS. – Respondent
| Table of Content |
|---|
| 1. dispute arises over electricity bill discrepancy. (Para 2 , 8 , 9) |
| 2. petitioner argues meter reading and section 56 relevance. (Para 3 , 4 , 6) |
| 3. court notes investigation findings and billing errors. (Para 10 , 11) |
| 4. obligation to pay arises upon bill issuance. (Para 12 , 13) |
| 5. court concludes with timeline for payment. (Para 14 , 15 , 16) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
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 an amount of Rs. 5,34
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 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 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....
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 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....
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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