(1) Where a notice of demand has been served on the consumer or his authorised agent under section 3, he may, if he denies his liability to pay the dues or any part thereof, upon deposit of the amount of the dues with the prescribed authority under protest in writing within a period of sixty days from the date of service of the notice of demand, institute a suit in a civil court having jurisdiction for the refund of the dues, or any part of the dues, so deposited.
9 of 1910.
282 The West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000.
XXVIII of 2000.]
(Sections 5-7.)
(2) The suit referred to in sub-section (1) may be instituted at any time within six months from the date of deposit of the amount of the dues under that sub-section. Subject to the result of the suit as aforesaid, the notice of demand shall be conclusive proof of the dues stated therein.
5. If the amount of the dues for which a notice of demand has been served under section 3 is not deposited with the prescribed authority within the period referred to in sub-section (1) of section 4 or within such extended period as the prescribed authority may from time to time allow, the consumer shall be deemed to be a defaulter in respect of such amount, and such amount together with such penalty for being a defaulter and cost of recovery of the dues as may be prescribed, shall notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force or in any instrument or agreement having effect by virtue of any law other than this Act, be recoverable as an arrear of land revenue.
Recovery of dues.
36 of 1963. 6. Notwithstanding anything contained in the Limitation Act, 1963, Limitation.
or in any other law for the time being in force, the period of limitation in respect of any suit or proceeding by or on behalf of an electrical undertaking for the recovery of any dues under this Act shall be three years from the date from which the period of limitation would begin to run under the Limitation Act, 1963, against a like suit by a private person.