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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Bharat Sanchar Nigam Ltd. – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of electricity supply dispute. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. introduction of legal arguments regarding limitation. (Para 7) |
| 3. court’s analysis of limitation period and recovery. (Para 8 , 10 , 12 , 14) |
| 4. ratio decidendi on enforcement of claims under the electricity act. (Para 9 , 11 , 13) |
| 5. final decision on permissible recovery for the disputed period. (Para 15 , 16) |
JUDGMENT
G.S. Sandhawalia, J. - Consideration in the present Letters Patent Appeal, filed by the appellant-writ petitioner, is to the order dated 05.09.2017 of the Learned Single Judge passed in CWP-1637-2015 titled Bharat Sanchar Nigam Ltd. v. Punjab State Power Corporation Ltd. & others, wherein the writ petition was dismissed.
2. The learned Single Judge crystallized the controversy to the extent that the connection was installed in the premises of the appellant on 17.10.2002 and was checked on 17.06.2005. During the period of 32 months, total consumption was 412410 units and after the CT/PT which had been changed, the consumption had arisen to 644792 units in 32 months and thus, the Corporation was justified in coming to the conclusion that one of the phases was not contributi
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 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.
(1) Recovery of dues – Limitation period of two (2) years prescribed for recovery of dues under Section 56 of Electricity Act, 2003 would apply to liabilities arising under 2003 Act, and not prior to....
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....
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