§ 62-139. Rates varying from schedule prohibited; refunding overcharge; penalty. - North Carolina Statutes

§ 62‑139.  Ratesvarying from schedule prohibited; refunding overcharge; penalty.

(a)        No public utility shall directly or indirectly, by anydevice whatsoever, charge, demand, collect or receive from any person a greateror less compensation for any service rendered or to be rendered by such publicutility than that prescribed by the Commission, nor shall any person receive oraccept any service from a public utility for a compensation greater or lessthan that prescribed by the Commission.

(b)        Any public utility in the State which shall willfully chargea rate for any public utility service in excess of that prescribed by theCommission, and which shall omit to refund the same within 30 days afterwritten notice and demand of the person overcharged, unless relieved by theCommission for good cause shown, shall be liable to him for double the amountof such overcharge, plus a penalty of ten dollars ($10.00) per day for eachday's delay after 30 days from such notice or date of denial or relief by theCommission, whichever is later.  Such overcharge and penalty shall berecoverable in any court of competent jurisdiction. (1903, c. 590, ss. 1, 2; Rev., ss. 2642, 2643, 2644;Ex. Sess. 1913, c. 20, ss. 5, 12; C.S., ss. 1082, 1086, 3514; 1933, c. 134, s.8; c. 307, s. 5; 1941, c. 97; 1963, c. 1165, s. 1; 1989, c. 112, s. 6.)