Electricity connection
ramesh jani
(Querist) 04 March 2013
This query is : Resolved
i have purchase property from public auction and after that a have to come to know that old owner has pending dues of electicity bills and connection was disconnect due to non payment of due, now i am appling for new connection and p.g.v.c.l is now demanding due of old owner from me. i think before few month ago on 04.11.12 high court or suprim court abrogate the order of apurva chemicals v/s daxin guj. vij co ltd. and release the connection to new owner and do not demand any dues of old owner from new owner. if any decision is their please give me full order copy.
prabhakar singh
(Expert) 04 March 2013
In Govindbhai vs Uttar on 28 September, 2010
The Court ruled that:
[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 rules or terms and conditions of supply which are statutory in character, authorize the supplier of electricity, to demand from the purchaser of a property claiming re-connection 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.
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Raj Kumar Makkad
(Expert) 04 March 2013
You have not mentioned from whom you purchased the house property in auction and further that whether the sale certificate contained the term 'free from all types of encumbrances and if your answer is bank and yes then definitely you are not liable to pay otherwise you shall have to pay as per a judgment of Hon'ble Supreme Court of India.
ramesh jani
(Querist) 05 March 2013
yes sir i purchased from D.R.T. AND IN AUCTION PURCHASE AND D.R.T. ISSUED SALE CERTIFICATE ALSO.
ajay sethi
(Expert) 05 March 2013
well advised by prabhakar singhji
Raj Kumar Makkad
(Expert) 05 March 2013
If the sale certificate contained the term of without any encumbrance, you are not liable to pay even a single penny against the arrears of the earlier consumer.
