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Previous owner didn't clear old bills. What should i do now?
30-Mar-2023 (In Property Law)
I recently purchased a property a month back. After getting the possession of the same I realized that the previous bills are still pending such as electricity and gas bills. There was a specific point in the sale agreement that the previous and outstanding bills are to be paid by the seller.
After various verbal requests, the seller is not responding. The electricity and gas company is also not accepting my requests and threatening to cut the connection.
What can I do in such a case? Are there any judgments in my favor?
What matters is the contract entered into by the erstwhile consumer with the Board. The Board cannot seek the enforcement of contractual liability against the third party.
In your case previous owner had failed to pay. Electricity distributor as well as mahangar gas ought to take legal proceedings against previous owner.
Haryana State Electricity Board v. Hanuman Rice Mills, Dhanauri, (2010) 9 SCC 145 = AIR 2010 SC 3835
Electricity arrears do not constitute a charge over the property. Therefore in general law, a transferee of premises cannot be made liable for the dues of the previous owner/occupier.
You are not liable to pay arrears as per abovementioned court’s judgement. You can make a complaint in the consumer forum against mahanagar gas / electricity distributor.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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