54-7-20 - Reparations -- Courts to enforce commission's orders -- Limitation of action.
54-7-20. Reparations -- Courts to enforce commission's orders -- Limitation ofaction.
(1) When complaint has been made to the commission concerning any rate, fare, toll,rental or charge for any product or commodity furnished or service performed by any publicutility, and the commission has found, after investigation, that the public utility has charged anamount for such product, commodity or service in excess of the schedules, rates and tariffs on filewith the commission, or has charged an unjust, unreasonable or discriminatory amount against thecomplainant, the commission may order that the public utility make due reparation to thecomplainant therefor, with interest from the date of collection.
(2) If the public utility does not comply with the order for the payment of reparationwithin the time specified in such order, suit may be instituted in any court of competentjurisdiction to recover the same. All complaints concerning unjust, unreasonable or discriminatorycharges shall be filed with the commission within one year, and those concerning charges inexcess of the schedules, rates and tariffs on file with the commission shall be filed with thecommission within two years, from the time such charge was made, and all complaints for theenforcement of any order of the commission shall be filed in court within one year from the dateof such order. The remedy in this section provided shall be cumulative and in addition to anyother remedy or remedies under this title in case of failure of a public utility to obey an order ordecision of the commission.
No Change Since 1953