(220 ILCS 5/9-252) (from Ch. 111 2/3, par. 9-252)
Sec. 9-252.
When complaint is made to the Commission concerning
any rate or other charge of any public utility and the Commission finds,
after a hearing, that the public utility has charged an excessive
or unjustly discriminatory amount for its product, commodity or service,
the Commission may order that the public utility make due reparation to
the complainant therefor, with interest at the legal rate from the date
of payment of such excessive or unjustly discriminatory amount.
If the public utility does not comply with an order of the Commission
for the payment of money within the time fixed in such order, the
complainant, or any person for whose benefit such order was made, may
file in a circuit court of competent jurisdiction a complaint setting forth
briefly the causes for which the person claims damages and the order of the
Commission in the premises. Such action shall proceed in all respects like
other civil actions for damages, except that on the trial of such action the
order of the Commission shall be prima facie evidence of the facts
therein stated. If the plaintiff shall finally prevail, he or she shall be
allowed a reasonable attorney's fee to be taxed and collected as a part
of the costs of the action.
All complaints for the recovery of damages shall be filed with the
Commission within 2 years from the time the produce, commodity or
service as to which complaint is made was furnished or performed, and a
petition for the enforcement of an order of the Commission for the
payment of money shall be filed in the proper court within one year from
the date of the order, except that if an appeal is taken from the order
of the Commission, the time from the taking of the appeal until its
final adjudication shall be excluded in computing the one year allowed
for filing the complaint to enforce such order.
The remedy provided in this section shall be cumulative, and in
addition to any other remedy or remedies in this Act provided in case of
failure of a public utility to obey a rule, regulation, order or
decision of the Commission.
(Source: P.A. 88-323.)
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