RAJIV SAHAI ENDLAW, J. - (1.) THE writ petition was filed impugning the demand of Rs. 34,34,594.77 towards arrears of electricity and of late payment surcharge of Rs. 5,22,873.64 thereon. However, when the writ petition came up before this Court on 28th November, 2007, the counsel for the respondent informed that erroneously double billing had been effected for the period of March, 2004 to February, 2005 and the amount due from the petitioner was Rs. 21,98,207/ - only. Notice of the petition was issued and subject to the petitioner depositing Rs. 10,00,000/ - with the respondent and paying the current consumption charges, recovery of the balance amount claimed by the respondent and disconnection of electric supply for non payment thereof was stayed. Pleadings have since been completed. THE interim order was made absolute on 22nd May, 2009. THE counsels for the parties have been heard.
(2.) IT is not in dispute that a non domestic electric connection of 80 KW bearing K No.43100137786 was energized at the premises of the petitioner on 30th November, 2002. IT is the case of the respondent that the multiplying factor of the said meter was to be of 12 but inadvertently the bills were raised with the multiplying factor of 1 only. The counsel for the respondent in this regard during the course of hearing has handed over a copy of the Meter Installation Protocol Sheet stated to be bearing the signatures of the petitioner and also showing the multiplying factor of the meter to be 12. The counsel for the petitioner of course controverted the same. IT is also not in dispute that the petitioner in February, 2003 applied for additional load of 60 KW taking the total load to 140 KW and the additional load was energized in March, 2004. IT is the case of the respondent that only while sanctioning the enhanced load to the petitioner, it came to light that the petitioner was being billed with a multiplying factor of 1 instead of 12 and accordingly, the multiplying factor was changed to 12 with effect from August, 2003 and the demand impugned in this petition was raised for escaped assessment owing to application of wrong multiplying factor for the period 30th November, 2002 till July, 2003. The counsel for the respondent has taken a preliminary objection to the maintainability of this petition. It is urged that the dispute raised is a billing dispute and as per the dicta of the Division Bench of this Court in Ram Kishan Vs. NDPL 130 (2006) DLT 549 (DB) , the alternative remedy under Sections 42(5) or 42(6) of the Electricity Act, 2003 being available, the writ petition is not maintainable. The counsel for the petitioner while not controverting that the dispute is a billing dispute has however justified the maintainability of this writ petition on the ground of the demand being barred by time. It is contended that electricity dues for the period 30 th November, 2002 to July, 2003 could not have been claimed after two years therefrom as has been done. Reliance is placed on Section 56(2) of the Act.
(3.) THE question as to when the electricity charges become first due is no longer res integra. THE Single Judge of this Court in H.D. Shourie Vs. Municipal Corporation of Delhi 32 (1987) DLT 73 held that the electricity charges become due and the limitation for recovery thereof commences only when the bill therefor has been raised. THE Division Bench in appeal reported as MCD (DESU) Vs. H.D. Shourie 53 (1993) DLT 1 reiterated that liability to pay accrues when liability is quantified and bill is raised. The counsel for the petitioner has however contended that in the present case it is not as if the bill for the period 30 th November, 2002 to July, 2003 had not been raised; that bills were raised and paid; that the claim now of the respondent is that the bills raised were not for the amount due but was for something less. He contends that once the consumption for a particular period has been computed and the bill raised, the subsequent demand for the same period would be covered by Section 56(2) of the Act and is recoverable only within two years and not thereafter.;