Hiranmay Bhattacharyya - (1.) The appeal arises out of an order of May 16, 2017 by which a demand for late payment surcharge by the distribution company was found to be illegal and contrary to Section 56(2) of the Electricity Act, 2003.
(2.) The facts are not much in dispute. The bills raised by the distribution company for supply of electricity to two meters standing in the names of the writ petitioners stood disconnected in December, 2012 for non- payment. Upon payment of the entire principal sum outstanding, the electricity supply was restored in December, 2015. Bills for supply of electricity were thereafter issued from January, 2016 onwards and the consumer paid the same. However, two distinct bills were raised on account of late payment surcharge, both dated January 4, 2016, claming delayed payment surcharge to the extent of Rs.87,540/- for one meter and about Rs.1,15,300/- is for the other meter. It is the undisputed position that such bills for late payment surcharge remain unpaid. Notices were issued for disconnection of the electricity supply sometime later in January, 2016. In one of the notices, the bill period was shown to be January, 2014 and, in the other, there was no reference to any bill period. Both notices demanded the payment of the outstanding amounts of Rs.1,15,300/- and Rs.87,540/- to be made by February 4, 2016.
(3.) According to the writ petitioners, the distribution company ought to have indicated the late payment surcharge at the time that the writ petitioners obtained reconnection of the electricity supply. The writ petitioners suggest that in the distribution company not indicating the late payment surcharge at the relevant point of time, they are deemed to have waived the same upon restoring the electricity by accepting the principal amount due on account of the previous bills raised.;