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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Prathima Infrastructure Limited – Appellant
Versus
Northern Power Distribution Company of Telangana Ltd., Rep. by its Chairman and Managing Director, Warangal – Respondent
| Table of Content |
|---|
| 1. factual background regarding the electricity supply agreement. (Para 1) |
| 2. court's analysis of the procedural fairness and legality of billing. (Para 2 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondents' arguments regarding legality and conditions of supply. (Para 3 , 4) |
| 4. determination of unlawfulness in reclassification and billing demands. (Para 11 , 12) |
| 5. conclusion allowing the writ petition. (Para 13) |
ORDER :
Nagesh Bheemapaka, J.
Petitioner is stated to be a company which entered into an agreement dated 30.04.2018 with the respondent distribution licensee for supply of electricity under HT-II category, bearing HT Service Connection No. BKM-130, with a contracted maximum demand of 750 KVA at Oddu Ramavaram Village, Mulakalapally Mandal, Bhadradri Kothagudem District. The said supply was granted for establishing and operating a site office and factory at the said location. From the date of release of service connection, petitioner has been regularly paying all monthly power consumption bills without any default.
1.1. While so, respondents, without observing the principles of natural justice, unilaterally changed the category of petitioner's service connection from HT-II to
Unilateral reclassification of electricity supply service and back billing without adherence to natural justice violates established principles, rendering such demands unlawful and unsustainable.
The court ruled that unsubstantiated unilateral reclassification of electricity tariff violates natural justice and must be based on reliable evidence.
Electricity consumption exceeding sanctioned load constitutes unauthorized use, justifying charges without requiring a reclassification application from the consumer under applicable tariff provision....
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.
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