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Supreme Court of India 2020-02-18 disposed

ASSISTANT ENGINEER (D1) AJMER VIDYUT VITRAN NIGAM LIMITED vs RAHAMATULLAH KHAN ALIAS RAHAMJULLA

Bench: 3 — Uday Umesh Lalit, Indu Malhotra, Hemant Gupta

In Brief

A consumer was wrongly billed at a lower tariff rate (₹1.65/unit instead of ₹2.10/unit) for July 2009 to September 2011. The electricity company discovered the mistake in March 2014 and demanded additional payment in May 2015—nearly four years later. The Supreme Court held that while 'first due' means when the original bill was issued, the two-year limitation period for disconnection applies to that original bill. Although the company may raise supplementary demands for genuine mistakes (with limitation running from discovery date), it cannot disconnect supply for non-payment of such arrears after two years. Other legal remedies remain available.

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Electricity Law Consumer Protection Limitation Period Statutory Interpretation Disconnection of Supply Administrative Law Tariff Billing

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