Section 171: Services of notices, orders or documents

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 171

Section 171 of the Act regulates the service of notices, orders, or documents under the Act, defining lawful modes of personal delivery, registered post, electronic transmission, and affixation.

  • Authorized Modes of Statutory Service: Authorizes service by: (a) delivery in person, (b) leaving at the usual place of abode or business, (c) registered post, and (d) official electronic transmission.
  • Service by Affixation for Evasive Addressees: Provides that where an addressee cannot be found after diligent search, service may be effected by affixing the notice in a conspicuous place on the premises.
  • Statutory Presumption of Due Service: Establishes a legal presumption of valid service upon proof of dispatch to the registered address in accordance with General Clauses Act principles.
Key Landmark Precedents:
  • SIL Import v. Exim Aides Silk Exporters (1999) 4 SCC 568: Supreme Court affirmed that statutory notice provisions must embrace modern technological modes of service including electronic transmissions.
  • Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) 16 SCC 497: Supreme Court affirmed that statutory service under Section 171 is satisfied when notice is dispatched to the consumer's registered billing address.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that proof of service is a mandatory prerequisite before adverse ex-parte regulatory orders can be passed.
Courtroom Practice & Strategic Litigation Guidance:

Ensure the official registered address and primary email on the licensee's consumer portal are kept current; under Section 171, a disconnection or assessment notice dispatched to the registered address is legally deemed served.