Pending bills
Ritu
(Querist) 21 April 2014
This query is : Resolved
Dear All,
I have purchased a property in April 2008.
Now the electricity board has given me a pending bill which was before the date of my purchase. They say that have conducted an audit NOW & that the bill was pending, after 5-6 years they have raised the bill!!
The person/firm who have constructed it were suppose to pay these bills since I didn't purchase that property then for which the bill was raised now.
The electricity board is levying interest as the days are passing & are threatening to cut the connection.
I want to file a complaint in the CONSUMER FORUM, what all documents are needed for this case? Will I have to pay the bills instead of the previous owner? Is there any law which says that?
Kindly guide.
Regards
Ritu Agrawal
ajay sethi
(Expert) 21 April 2014
no you are not liable to pay the bills . electricity board has to recover arrears from previous owner only . move consumer forum against the board for deficiency in service
ajay sethi
(Expert) 21 April 2014
Haryana State Electricity Board v. Hanuman Rice Mills, Dhanauri, (2010) 9 SCC 145 = AIR 2010 SC 3835 :
"12. The position therefore may be summarised thus:
(i) Electricity arrears do not constitute a charge over the property. Therefore in general law, a transferee of a premises cannot be made liable for the dues of the previous owner/occupier.
(ii) Where the statutory rules or terms and conditions of supply which are statutory in character, authorise the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection of electricity, the arrears due by the previous owner/occupier in regard to supply of electricity to such premises, the supplier can recover the arrears from a purchaser." (iii) Leitner Shriram Manufacturing Ltd. v. The Chairman, T.N.Electricity Board, 2007 (4) CTC 380 :
"9. I have given careful consideration to the submissions made by the learned counsel on either side as well as the rulings of the Supreme Court as well as this Court. Admittedly, the petitioner is not a consumer at the relevant period and there is no liability on the part of the petitioner to pay any arrears left over by the erstwhile consumer. When there is no arrears payable by the petitioner, the second respondent is bound to follow the provisions under Section 43 of the Electricity Act,2003 and provide electricity supply to the petitioner industry. When the petitioner has come forward to comply with all the requirements as contemplated under the provisions of the Electricity Act, the impugned proceedings passed by the second respondent, is not, in any way, in conformity with the provisions laid down by the said Act and therefore, the same is quashed and the second respondent is directed to provide electricity service connection to the petitioner-industry within a period of three weeks from the date of receipt of a copy of this order. However, this order shall not preclude the respondents from proceeding against the defaulter.
Rajendra K Goyal
(Expert) 21 April 2014
Agree with the advise of expert ajay sethi ji.
Ritu
(Querist) 21 April 2014
Thanks a lot for the prompt reply Mr. Sethi.
Would you please also guide me as to what all documents are required to be submitted to strengthen my case along with the application as proof?
