Previous owner not issuing NOC for electricity connection transfer

Hi, I own an apartment, which I bought as the 5th owner. The 2nd owner has the electricity connection on her name and she has expired. The 3rd owner also happens to be 2nd owner son. The 3rd owner, being an owner and also an heir of the deceased owning the electricity connection, is required to provide me a NoC for connection transfer as per WB State Electricity Distribution Company Limited (WBSEDCL). The registered sales deeds are attested with Assistant Registrar Kolkata, mutation is done. I also have been paying municipal taxes after the mutation. WBSEDCL requirement is absurd, given the fact my ownership is established. But the problem is, the person supposed to provide me the NoC (3rd owner) has refused to do so. Initially he dilly dallied, then his wife slammed the door on us. Anti-social behavior apart, I remember all deeds documents clearly stating that the owner agrees to transfer all liabilities and benefits. What are my legal options? Thanks Regards

Answers (4)

278 votes

Send a legal notice to the previous owner, failing which you can file a case in District Consumer Forum. You can also file a Writ Petition in High Court against the WBCEDCL and party added to the previous owner.

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200 votes

Without doing a further delay, kindly apply afresh for new electricity connection before WBSEDCL. They will charge Rs. 5/-, then Rs. 200/- and then again Rs. 200/- thereafter they are bound to give you new electricity connection in your name within one month from the date of application as per Indian Electricity Act irrespective of any objection by the previous owner. You only show the deed of yours and the mutation certificate to prove your possession in the flat. Even after that if the connection is not provided, move a writ petition before our Calcutta High Court and the High Court has already got plenty of instances and judgements in such situation directing to provide electricity connection even with police protection if required. Simultaneously you apply for disconnection of your existing connection in the flat. Regards.

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215 votes

The utility company, WBSEDCL, barring compelling circumstances, can't extend energy connection to any premises where already one connection is already in place.You please check the position in the registered sale deed Whether there is a provision which speaks for legal obligation​ on the part seller of the property to provide NOC to the buyer of the property in the matter of referred electricity connection . If such provision is available in the sale deed, straight way ask the seller in writing to provide you NOC setting out a time line.Copy of the same to be given to Area zonal manager WBSEDCL and Head Legal WBSEDCL,Bidyut Bhavan, Karunamoyee.However, if no such provision is available in the sale deed, meet personally above head legal for an alternative administrative solution.If help/suggestion is not available from him, approach the electricity ombudsman at sector 5 Salt lake city, Kolkata for securing order on WBSEDCL to provide you Electricity connection in your name as per extant rules.For further instructions contact lawRato.

108 votes

Respected Madam/ Sir.
I read your matter very carefully and I like to suggest you to file both criminal and civil case suit and also there is provision for Constitutional Writ at High Court Calcutta directly.
Further progress please contact me.

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