Case Note & Summary
The petitioner, a consumer with electricity connection No.32303/01456/5, received a supplementary bill of Rs.2,21,635.73 from the respondent power company. Aggrieved, the petitioner filed an appeal before the appellate authority (Respondent No.3), which was dismissed by order dated 16.03.2024. The petitioner then approached the High Court seeking to quash the supplementary bill and the appellate order, and for refund of the amount deposited. The court noted that the appellate authority had dismissed the appeal without giving any opportunity of hearing to the petitioner, which was a clear violation of principles of natural justice. The court also observed that the supplementary bill was issued without proper notice. Consequently, the court quashed the appellate order and the supplementary bill, and remanded the matter to the appellate authority for fresh consideration after hearing the petitioner. The court directed the petitioner to deposit 25% of the bill amount within four weeks, and upon such deposit, the appellate authority was to decide the appeal within eight weeks. The petition was allowed accordingly.
Headnote
A) Electricity Law - Supplementary Bill - Natural Justice - Sections 126, 127, 135, 154 Electricity Act, 2003 - Petitioner challenged supplementary bill of Rs.2,21,635.73 and appellate order dated 16.03.2024 - Court held that the appellate authority dismissed the appeal without affording opportunity of hearing, violating principles of natural justice - Supplementary bill quashed and matter remanded for fresh hearing (Paras 1-4).
Issue of Consideration
Whether the supplementary bill issued by the power company and the appellate order dismissing the appeal without hearing the petitioner are sustainable in law.
Final Decision
The petition is allowed. The order dated 16.03.2024 passed in Appeal No. 23 of 2017 by Respondent No.3 and the supplementary bill No. 2483 dated 05.09.2017 issued by Respondent No.2 are quashed and set aside. The matter is remanded to the appellate authority for fresh hearing. The petitioner is directed to deposit 25% of the bill amount within four weeks. Upon such deposit, the appellate authority shall decide the appeal within eight weeks after hearing the petitioner.
Law Points
- Natural justice
- Right to be heard
- Electricity supply
- Supplementary bill
- Limitation for appeal
