SWASTIC INDUSTRIES Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner is canvassing the correctness of the decision of the National Consumers Disputes Redressal Commission, New Delhi, made on August 30, 1996 in Appeal No. 520/95.

(2.) The admitted position is that the respondent-Electricity Board had issued a supplementary bill to the petitioner on February 5, 1993 demanding payment of Rs. 3, 17,659/-. The petitioner objected to the bill by his letter dated February 16, 1993. However, when letter was issued for payment of the said amount, the petitioner paid it under protest and filed the compliant before the State Consumers Disputes Redressal commission. The Commission by order dated May 24, 1995 allowed the complaint and held that the claim was barred by limitation of 3 years. Feeling aggrieved, the Electricity Board filed and appeal. The National Commission relying upon the judgment of a Division Bench of the Bombay High Court in M/s. Bharat Barrel and Drum Manufacturing Co. Pvt. Ltd. v. Municipal Corporation of Greater Bombay, AIR 1978 Bom 369, has held that there is no limitation for making the demand by way of supplementary bill. Section 24 of the Indian Electricity Act, 1910 gives power to the Board to issue such demand and to discontinue the supply to a consumer who neglects to pay the charges. It is contended by the learned counsel for the petitioner that Section 60-A of the Electricity (Supply) Act, 1948 prescribes a limitation of 3 years for the Board to institute any suit, after its constitution, for recovery of the arrears. Thereby the limitation of 3 years is required to be observed. The Board in negation of Section 60-A of Supply Act cannot be permitted to exercise the power under Section 24 of the Electricity Act, 1910. We find no force in the contention.

(3.) Section 60-A of the Electricity (Supply) Act, 1948 envisages the enlargement of the period of limitation in certain circumstances, i.e. intervening period of the constitution of the Board, and the right of the State to recover the amounts due to the State for consumption of electricity delegating the power to the Board. In the behalf, clauses (i) and (ii) therein operate as under: