New owner not liable for power dues: Forum

Manmeet Singh Gill

Tribune News Service

Amritsar, June 30

The district consumer disputes redressal forum has told Punjab State Power Corporation Limited (PSPCL) that the new property owner cannot be made to pay the outstanding bill of the previous owner.

Setting aside its demand for about Rs2.65 lakh, the forum has instructed PSPCL to pay Rs3,000 as compensation for harassment and Rs2,000 as litigation expenses to the complainant.

The PSPCL had sought about Rs2.65 lakh from the complainant, who had purchased property. Citing the Electricity Supply Instructions Manual, the forum said according to the norms, the field officials concerned should have informed revenue officials about the outstanding amount so that it could be recovered at the time of registration of the sale deed.

Earlier, Subhdesh Kaur, a resident of Majitha Road area, had filed a complaint against PSPCL stating that she had purchased property on February 7, 2017, and received a memo dated February 13, 2018, from the PSPCL to pay Rs2, 65, 128.

The complainant said on seeking clarification, she came to know that the amount was not paid by the previous owner to PSPCL.

The power corporation was of the view that there was a defaulting amount in the name of the previous owner and the notice was issued according to its rules and regulations. The forum stated that PSPCL could not charge the outstanding amount of the previous consumer from whom the complainant had purchased the property along with the electricity connection.

Presiding member Rachna Arora and member Jatidner Singh of the forum stated that perusal of the sale deed fully proves that it is duly mentioned in the sale deed that the said property is free from any encumbrances which proves that no dues are pending against the said property. 

The forum also cited the Electricity Supply Instructions Manual rule which reads, “The disconnected consumers who are defaulters of PSPCL may sell their premises/property without any intimation to PSPCL. If this happens, the chances of recovery of defaulting amount become remote. Therefore, it is desirable that the field officers may intimate the revenue authorities such as SDM or Tehsildar regarding the amount to be paid by the consumer to the PSPCL so that if any transaction regarding sale or purchase of the property takes place, the revenue authorities may be in a position to recover the outstanding amount due to the PSPCL at the time of sale or purchase and pass on to PSPCL.”