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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Baldeep Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
| Table of Content |
|---|
| 1. service charge disputes and adjustments of payments. (Para 1 , 2 , 3 , 4) |
| 2. implications of incorrect billing and ombudsman's order. (Para 5 , 6 , 7) |
| 3. limits of recovery under section 56(2) of the electricity act. (Para 8 , 9 , 10) |
| 4. statutory limitations on disconnections due to non-payment. (Para 11 , 12 , 13) |
| 5. court’s ruling on permissible recovery methods and disconnection. (Para 14 , 15) |
JUDGMENT
G.S. Sandhawalia, J.
Present Letters Patent Appeal has been filed by the consumer against the judgment dated 30.08.2018 passed by the learned Single Judge in CWP No.1174 of 2017, wherein the only benefit as such which was granted regarding the interest element which had been levied regarding the electricity bill, which was held to be waived off. The appellant was permitted to deposit the balance amount in first installment of 1/3rd amount and remaining in equal five installments within 4 months from the date of receipt of certified copy of the order.
2. The learned Single Judge while dealing with Clause 93.1 of the Electricity Supply Instructions Manual came to the conclusion that the issue involved was on account of a complaint of wrong application of multiplying f
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.
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 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.
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.
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.
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