Case Note & Summary
The petitioner, Mrs. Veena S. Bajaj, filed a writ petition challenging two electricity bills dated 24th November 2000 and 18th July 2001 issued by the Maharashtra State Electricity Board (respondent no.1), and the threatened disconnection of her electricity supply. The petitioner is the sister and legal heir of the deceased consumer, Prakash Kirpalani, who inherited the property from his mother, Padma Kirpalani, the original consumer. The first bill was a supplementary bill for Rs.75,142.78 for arrears of 50 months, and the second bill claimed further arrears. The petitioner alleged that the bills were illegal and without basis, as no prior notice was given to the deceased consumer or to her. She also contended that the meter was changed without her knowledge between September and November 2000. The respondent argued that the arrears were due from the deceased consumer and that the petitioner, as legal heir, was liable to pay. The court examined the provisions of the Electricity Act, 2003, particularly Section 56, which bars recovery of sums due after two years from the date they became due. The court found that the supplementary bill for 50 months' arrears was clearly beyond the limitation period. Moreover, the respondent had not issued any notice to the deceased consumer during his lifetime regarding the alleged arrears, nor had they given any opportunity of hearing to the petitioner before raising the demand. The court held that the demand was arbitrary and illegal. The court also noted that the change of meter without intimation to the consumer vitiated the demand. Consequently, the court quashed the impugned bills and directed the respondent not to disconnect the electricity supply of the petitioner on the basis of those bills. The petition was allowed with no order as to costs.
Headnote
A) Electricity Law - Arrears Recovery - Supplementary Bill - Section 56 of Electricity Act, 2003 - The respondent issued a supplementary bill for arrears of 50 months without prior notice or opportunity of hearing to the petitioner, who is the legal heir of the deceased consumer. The court held that such a demand is illegal and cannot be enforced, as the consumer was not given any notice of the alleged arrears during his lifetime. The court also noted that the change of meter without intimation to the consumer vitiates the demand. (Paras 2-5) B) Limitation - Recovery of Electricity Dues - Section 56 of Electricity Act, 2003 - The supplementary bill claimed arrears for a period beyond two years from the date of the bill. The court held that under Section 56 of the Electricity Act, 2003, no sum due from any consumer shall be recoverable after a period of two years from the date when such sum became first due. Since the arrears pertained to a period prior to two years, the demand was barred by limitation. (Para 5) C) Consumer Protection - Liability of Legal Heir - The petitioner, as legal heir of the deceased consumer, cannot be held personally liable for the alleged arrears without proper notice and opportunity. The court held that the respondent cannot disconnect the electricity supply of the petitioner for the alleged arrears of the deceased consumer without following due process. (Paras 4-5)
Issue of Consideration
Whether the respondent could raise a supplementary demand for electricity arrears for a period of 50 months without prior notice and without affording an opportunity of hearing to the petitioner, who is the legal heir of the deceased consumer.
Final Decision
The court allowed the petition, quashed the impugned bills dated 24th November 2000 and 18th July 2001, and directed the respondent not to disconnect the electricity supply of the petitioner on the basis of those bills. No order as to costs.
Law Points
- Electricity dues cannot be recovered from a legal heir without prior notice and opportunity of hearing
- Supplementary bill for arrears beyond two years is barred by limitation under Section 56 of Electricity Act
- 2003
- Change of meter without notice to consumer vitiates the demand
- Liability of legal heir is limited to the estate of deceased and not personal.
