LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vipul (accounts executive)     07 January 2012

Liability of buyer of property to dues of seller before buy

my father buy a house in 1997 and he ask the seller to settle all dues and he told that he will settledown all his liability and as quated in registry " PEHLE KE LIABILITY SELLER KI OR REGISTRY KE BAAD KI BUYER KI" but uske 1995 ke electricity dues hai jo ki tehsil keh raha hai ki mere papa ko bear karne padenge so please tell me ki kya ho sakta hai is case mai amount due with penelty is 2lac rupees. so kindly help me plz its urgent.



Learning

 5 Replies

Kumar Doab (FIN)     07 January 2012

If the dues are not settled the board may disconnect electricity connection and may deny new connection also till the dues are settled.

Issue a notice to the seller and provide the current residential, official, business address of the seller to vigilance wing of the board in writing under acknowledgment.

Visit a competent and experienced lawyer with all records. Your lawyer may advice you to lodge a police complaint as well.

Adv Ankit Gupta, 09812153530, (practise in high court chd)     07 January 2012

whether it is mention in previously agreement that there is no dues till the date of agreement. So if it is than u can recover all due and its ur right. U should send a legal notice of recovery of all this dues.  

ARUN KUMAR SRIVASTAVA (SECRETARY)     08 January 2012

Please see Electricity Supply Code 2005 framed by U.P.Electricity Regulatory Commission.It is also available in market, as well as www.uperc.org.See clause 4.3(f). You will know the rules.If the dues are mentioned in agreement,and are prior your purchase, it means you have agreed to pay the dues,inclusive of the land cost.

If it(the electy dues) is not mentioned in the agreement, and dues are prior to purchase of land, it is the sellers responsibility to pay.

vipul (accounts executive)     20 January 2012

sir tehsil kh raha h ki vo hamare ghar ko ceased kr denge papa ne seller ka ghar bhi dikha diya pr seller ne ameen ko rupaye khila diye h n vo kh raha h ki bhale hi meter jo purane malik ka tha pr dues mere papa ko hi dene padenge kh raha h ki seller ko 14 days ki hirasat m le lunga agar vo rupaye nahi deta toh mere papa hi denge kya kare sir

Ashish Chakravarty (Advocate)     20 January 2012

Vipul,

As per my knowledge if there are any pending dues and in absence of any agreement to the contrary , the same shall be the sole liability of the previous owner and not the current owner and because there was a specific clause in your registry regarding the liability of pending dues if any shall be borne by the seller, the same is the exclusive liability of the seller. There are several factors in play here, first of all promissory estoppel which binds the seller, secondly the consumer is always a person and not the building, iv contested a similiar matter before the UPCL and it went in favor of my client, though in my case we were action purchasers, nevertheless here are some citations which might be helpful in your case:

 

1. AIR 2006 Gujarat 190  Torrent power AEC Ltd v/s Shreeja Rakhi Lal wherein it was held that a consumer can only be a person.

 

 

2. 2008 UAD 191 M/s Sri Prabhu Sharan Ispat Ltd v/s UPC Ltd & others wherein it was held that auction purchaser cannot be held liable for default of previous owners.

3.  AIR 2008 Madras 16 M/s Lietner Sriram Manufacturing Ltd v/s Chairman TNSEB & Others wherein proceedings to recover arrears from auction purchaser because of dues of previous owners was quashed.

4. Isha Marble’s v/s Bihar Seb & others i dont have its citation with me right now , it was held that 

Electricity act S-24, 22, 3(2)(f) 2(c) 8th Schedule clause VIth , State financial corporation act S-29(1) CPC S-73

 

Held auction purchaser not liable to make liability of provisions owner.

as you can see these rulings are case specific ( mine) however im sure your lawyer might make some use of them.

Ashish

 



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register