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NAGESH BHEEMAPAKA
Balaji Steel Rolling Industries – Appellant
Versus
Southern Power Distribution Company Ltd. – Respondent
ORDER :
Nagesh Bheemapaka, J.
This Writ Petition is filed seeking a mandamus declaring the action of the respondents in demanding huge amounts as arrears without any basis and invoking the provisions of the Andhra Pradesh State Electricity Board (Recovery of Dues) Act, 1984 and the Rules made thereunder in G.O.Ms.No.50 dated 01.10.1985 called Andhra Pradesh State Electricity Board (Recovery of Dues) Rules, 1985 as wholly arbitrary, illegal and void and consequently, to set aside 1) Notice No.SE/OP/RR EAST/SAO/JAO-HT/SA-I/Form No.RRE146, D.No.1235, dated 22.7.2016, 2) Notice No. SE/OP/RR EAST/SAO/JAO-HT/SA-I/Form No-B/D.No.1549, dated 20.12.2016 of the 3rd respondent and further direct the respondents to pay Rs.1,19,61,783/- with future interest at 18% p.a to petitioner.
2. The brief facts of the case are: petitioner was consumer of the 1st respondent DISCOM with consumer No: RRE-146, under H.T-1 Category with a CMD of 2200 KVA. The Superintendent Engineer - the 3rd respondent served notice dated 22.07.2016 in Form-A of the APSEB (Recovery of Dues) Rules 1985 demanding C.C. Dues, FSA dues & R & C dues in a sum of Rs.3,79,09,032/- and surcharge of Rs.96,66,803/- at 1.5% pm i.e. 18% from
The court affirmed that continuous showing of arrears in monthly bills permits recovery beyond the two-year limitation under Section 56 of the Electricity Act.
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.
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 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 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.
Point of law: Electricity – Recovery of due from subsequent owner - Article 62 of the Act, 1963 makes it clear that to enforce payment of money secured by a mortgage or otherwise charged upon immovab....
(1) What is extinguished by law of limitation, is remedy through a Court of law and not a remedy available, if any, de hors through a Court of law.(2) Raising of an additional demand in form of “shor....
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