Delhi, India · civil

How to Reply to BSES Provisional Assessment Notice in Delhi

Receiving a provisional assessment notice from BSES Rajdhani or BSES Yamuna in Delhi means the discom has alleged unauthorized use of electricity and provisionally levied inflated charges. You have a statutory right to challenge the inspection report, dispute the load calculations, and demand an in-person hearing. Acting within the strict statutory deadline is crucial to prevent the assessment from becoming final and enforceable.

The Law on BSES Provisional Assessments in Delhi

In Delhi, provisional assessment notices are issued by distribution companies (discoms) such as BSES Rajdhani Power Limited (BRPL) or BSES Yamuna Power Limited (BYPL) under Section 126 of the Electricity Act, 2003. This section governs the 'unauthorised use of electricity' (UUE), covering situations where power is drawn through an unmetered extension, appliances exceed the sanctioned load, or a domestic connection is alleged to be used for non-domestic or commercial purposes. It is a civil assessment proceeding, distinct from criminal theft under Section 135.

Under Section 126(5) and 126(6) of the Electricity Act, 2003, the assessing officer computes charges at twice the applicable tariff rate, often retrospectively for up to twelve months. However, this figure is strictly provisional. Under Regulation 58(2) of the Delhi Electricity Regulatory Commission (Supply Code and Performance Standards) Regulations, 2017, a consumer served with a provisional assessment bill has seven days from the date of receipt to submit written objections to the designated Assessing Officer.

Challenging Flawed Inspections and Arbitrary Load Calculations

Enforcement teams routinely conduct rushed inspections that overestimate connected load by counting standby or non-functional equipment, or wrongly categorizing mixed residential premises as purely commercial. Regulation 58(1) of the DERC Supply Code Regulations, 2017 requires the discom to base its assessment on credible evidence and supply the consumer with a copy of the inspection report and videography recorded at the site.

If BSES failed to provide the mandatory videography, did not conduct a joint inspection, or refused to permit you to sign the inspection memo with your remarks, these procedural lapses violate DERC regulations and weaken the discom's case. Your written objection must formally demand the inspection footage, dispute inaccurate appliance inventories, and demonstrate that the premises were used within the sanctioned category.

Drafting Your Response, Securing a Hearing, and Next Steps

Your reply must be submitted in writing directly to the Assessing Officer named in the notice, accompanied by supporting records such as property registration documents, rent agreements, photographs of existing wiring, and past paid electricity bills. You must expressly invoke Regulation 58(3) of the DERC Supply Code Regulations, 2017 to demand a personal hearing before any final order is passed. Once your objections are filed, the Assessing Officer must fix a personal hearing within seven to ten days and must pass a reasoned final assessment order within thirty days from the service of the provisional assessment.

If the final order remains unfavorable, the Electricity Act provides a statutory appeal under Section 127 before the designated Appellate Authority within thirty days, requiring a pre-deposit of half the assessed sum. Note that consumer forums cannot entertain challenges to Section 126 assessments pursuant to the Supreme Court ruling in UP Power Corporation Ltd. v. Anis Ahmad (2013). You can use Caunsel to research applicable DERC rules, organize your inspection records and notices within a case workspace, or connect with an independent electricity lawyer for legal advice; Caunsel is an informational platform, not a law firm, and does not file responses on your behalf.

Steps

• Check the service date on the notice envelope or receipt and calculate your 7-day response window under Regulation 58(2) of the DERC Supply Code Regulations, 2017.
• Inspect the assessment sheet and immediately submit an application requesting the mandatory inspection report, connected load worksheet, and videography footage if not supplied.
• Draft a detailed written objection specifying factual errors, denying unauthorized use, challenging appliance ratings, and stating your actual usage patterns.
• Submit your objection at the designated BSES division office, obtain a signed and stamped diary receiving copy, and attend the scheduled personal hearing before the Assessing Officer.

Common mistakes

• Failing to submit written objections within 7 days, which allows BSES to confirm the inflated provisional bill into a binding final order.
• Approaching a District Consumer Commission or Consumer Grievance Redressal Forum (CGRF) for Section 126 notices, as statutory assessments fall outside their jurisdiction.
• Paying the demand without marking it 'under protest' in writing, which the discom may treat as an admission of unauthorized use.
• Submitting an objection without securing an official stamped receiving copy or dispatch tracking proof from the BSES office.

Questions people ask

What is the deadline to reply to a BSES provisional assessment notice in Delhi?

Under Regulation 58(2) of the DERC Supply Code Regulations, 2017, you must file your written objections within 7 days from the date you receive the notice and provisional assessment bill.

Can BSES immediately disconnect my power supply upon issuing a provisional assessment notice?

No. Under Section 126, a provisional notice is an opportunity to show cause. Disconnection is not permissible merely on issuing a provisional bill; BSES must hear your objections, pass a final assessment order, and provide statutory notice before initiating disconnection for non-payment.

What should I do if the BSES Assessing Officer confirms the bill after my hearing?

You can file an appeal under Section 127 of the Electricity Act, 2003 before the statutory Appellate Authority within 30 days of the final order, subject to depositing 50% of the assessed amount.

General information only, last updated 2026-10-21. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Delhi, India.