NEW DELHI: Delhi high court has said discom companies must recover arrears before a tenant vacates the premises to ensure that the liability does not fall on the landlord or the next tenant.
Justice Rajiv Sahai Endlaw warned that failure by the discoms to discharge their duties would cause serious impediment in the transfer of properties as people will hesitate to acquire new property due to the fear of inheriting unwanted liabilities.
"If the discoms are permitted to allow arrears of electricity charges to accumulate and they fail to take timely action for their recovery from the person liable and then coerce the subsequent occupant to pay the same, it would be a serious clog on transferability of immovable properties. People would hesitate in acquiring properties for the fear of the unknown liability of electricity dues," the court pointed out.
HC said this while hearing a petition filed by the owner of a posh property in south-extension-II market of south Delhi. The owner moved HC against disconnection of power supply by the discom on the grounds that dues were not paid by the tenant. HC then asked the discom to first ascertain from the tenant how much was the remaining power bill that had to be paid and recover the amount from him. The court said the discom can't threaten to deny electricity connection to the owner of the premises if it failed to recover the dues from the tenant.
Justice Rajiv Sahai Endlaw warned that failure by the discoms to discharge their duties would cause serious impediment in the transfer of properties as people will hesitate to acquire new property due to the fear of inheriting unwanted liabilities.
"If the discoms are permitted to allow arrears of electricity charges to accumulate and they fail to take timely action for their recovery from the person liable and then coerce the subsequent occupant to pay the same, it would be a serious clog on transferability of immovable properties. People would hesitate in acquiring properties for the fear of the unknown liability of electricity dues," the court pointed out.
HC said this while hearing a petition filed by the owner of a posh property in south-extension-II market of south Delhi. The owner moved HC against disconnection of power supply by the discom on the grounds that dues were not paid by the tenant. HC then asked the discom to first ascertain from the tenant how much was the remaining power bill that had to be paid and recover the amount from him. The court said the discom can't threaten to deny electricity connection to the owner of the premises if it failed to recover the dues from the tenant.
No comments:
Post a Comment