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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Rahman Properties Limited – Appellant
Versus
Assam Power Distribution Company limited – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties' contentions regarding surcharge claims and disconnection rights. (Para 8 , 9 , 10) |
| 3. section 56(2) limitation on disconnecting power for old dues. (Para 11 , 12 , 13 , 14 , 15) |
| 4. distinction between right to supplementary billing and coercive disconnection. (Para 16 , 17 , 18 , 19) |
| 5. final orders prohibiting current disconnection while permitting lawful recovery. (Para 20 , 21 , 22) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. AK Shrivastava, the learned counsel appearing on behalf of the petitioner. Also heard Mr. KP Pathak, learned Standing Counsel, APDCL appearing for the respondent authorities.
[2] The present writ petition has been filed by the petitioner challenging the bill issued by the APDCL dated 02.07.2021 for an amount of Rs.18,66,000/- and further the action of disconnection resorted by the respondent authorities, which as per the petitioner was in gross violation to Section 56 of the Electricity Act, 2003 (hereinafter referred to as the “Act of 2003”).
[3] The brief facts, which led to the filing of the present writ petition are:-
That the petitioner is in th
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 right to recover electricity dues through civil suits is not barred by the two-year limitation for disconnection proceedings under Section 56(2) of the Electricity Act.
The court established that while disconnection for non-payment is limited to two years, the right to recover amounts through civil proceedings remains intact.
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....
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.
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