The High Court of Telangana has recently set aside the disconnection of an electricity connection, emphasising that service providers must follow proper legal procedures, including providing adequate notice, even in cases of disputed dues. The court ordered the immediate restoration of power to a consumer whose connection was cut off over a former tenant’s outstanding bill of over Rs 23.8 lakh.
The case involves a dispute between a property owner and the Telangana State Southern Power Distribution Company Limited (TGSPDCL). The power company had disconnected the owner’s service after a former lessee, Meghana Pharma, left the premises with outstanding electricity dues of over Rs 23.8 lakh. The owner was held liable for these dues by the writ court, leading to the appeals.
A Division Bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin heard arguments from both sides regarding the owner’s liability under the Electricity Act, 2003. While the electricity company argued that the owner falls within the broad definition of a “consumer” and is therefore responsible for the dues, the owner’s counsel maintained that liability did not transfer since no indemnity bond was signed.
Without issuing a final judgment on the question of the owner’s liability, the High Court focused on a procedural flaw.
It noted that TGSPDCL disconnected the power without providing the owner with the mandatory 15-day prior written notice, as required under Section 56 of the Electricity Act and Regulation No. 7 of 2013. The judges concluded that this lack of proper notice rendered the act of disconnection improper in the eyes of the law.
Subsequently, the court set aside the earlier writ order and directed the TSSPDCL to restore the electricity connection. The court’s judgment, however, leaves the legal question of the owner’s liability open. The power company is now free to issue a fresh notice to the owner for the dues of Meghana Pharma and decide on the matter after receiving a reply, in accordance with the law.
