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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Assam Power Distribution Company Ltd., Represented Its Managing Director, Sri Rakesh Kumar – Appellant
Versus
Electricity Ombudsman – Respondent
| Table of Content |
|---|
| 1. electricity connection agreements and previous arrears. (Para 2 , 3 , 4 , 5 , 6 , 9 , 10 , 11 , 12 , 13) |
| 2. effect of the electricity ombudsman's rulings on arrears. (Para 14 , 15 , 16) |
| 3. key issues for adjudication. (Para 17 , 18) |
| 4. liability for dues of previous occupants. (Para 19 , 20 , 21 , 23) |
| 5. arguments regarding fixed charges and payment liabilities. (Para 22 , 24 , 25 , 26 , 27) |
| 6. dispute over lower voltage charges and implementation of surcharges. (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 7. court's rejection of ltmu charges rationale. (Para 38 , 39 , 40) |
| 8. final determination on payment responsibilities. (Para 41) |
| 9. conclusion regarding the writ petition. (Para 42) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. K.P. Pathak, learned Standing counsel, APDCL for the petitioner. Also heard Dr. A.K. Saraf, learned Senior Counsel assisted by Mr. D Goswami, learned counsel for the respondent no.2.
2. This writ petition has been filed by the Assam Power Distribution Company Ltd. (hereinafter referred to APDCL) challenging the impugned judgment dated 15.11.2022 passed by the Electricity Ombudsman in Appeal Petition No. 1/2022. The second respondent in the writ petition is M/s H.
New owners of properties are liable to pay fixed electricity charges of prior tenants, while charges deemed unlawful cannot be enforced against them.
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 limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
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.
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
The main legal point established in the judgment is that the Electricity Act imposes a statutory duty on the respondents to provide electricity connection to the petitioner within a specified period,....
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
Electricity dues of previous owners can be enforced against subsequent owners, while certain charges are deemed non-recoverable. Urgency in processing requests for connection following dues settlemen....
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