VidhiSangh

Supreme Court of India · 21/08/2019

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ORS. versus M/S. ORION METAL PVT. LTD. & ANR.

[2019] 11 S.C.R. 385 · 2019 INSC 935

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Summary

The Court held that an electricity distributor could assess charges for unauthorised consumption under section 126 even when it also pursued a theft complaint under section 135. Theft through meter tampering fell within unauthorised use, and assessment did not depend on a consumer’s request for reconnection. The Special Court’s eventual determination of civil liability remained relevant, with excess deposits refundable under section 154(6). The contrary High Court orders were set aside.

Issues

  1. Whether section 126 assessment could proceed where the same conduct was alleged to constitute theft under section 135.
  2. Whether assessment depended on a request for restoration of supply and how it related to Special Court civil liability.

Provisions considered

Held

Result

Distributor’s appeal allowed; High Court Division Bench judgment of 18 December 2017 and corrected order of 7 February 2018 set aside. No order as to costs. The decision resolved the assessment-power issue, not criminal guilt.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 385.