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Judgment
THE aforesaid 11 appeals stand decided by this single order as the complaints were consolidated and decided by a single order.
THE short point involved in this appeal is whether the appellant is entitled to recover electricity bill for the electricity consumed by the previous owner of the premises or not. In the instant case the respondents had purchased the premises from the previous owners and the appellant did not renew their connection unless the respondents cleared the arrears of the previous bills. On the face of it such an action or demand by the appellant is incorrect as a person can be charged for the service provided to the consumer. The respondents were not consumers for the period for which the bills were raised against them. The consumer was the previous owner and, therefore, recovery of any arrears has to be made from the previous owner. The purchaser of any property is not liable nor has any obligation to pay the arrears of the electricity which was consumed by the previous owner.
Supreme Court in Civil Appeal No. 1691 of 1999 entitled Ahmedabad Electricity Co. Ltd. v. Gujarat Inns. Pvt. Ltd. & Ors., while agreeing with its decision is Isha Marbles v. Bihar State Electricity Board & Anr., I (1995) BC 529 (SC)=(1995) 2 SCC 648, has held that not only in the case of fresh connection but even if it is a case of re-connection the buyer of the property is under no obligation to pay arrears incurred by the previous owners. Since the instant case is also a case of fresh connection the ratio of the aforesaid authority is applicable in all the fours.
IN the result, all the appeals are dismissed being devoid of merits. The FDRs furnished by the appellant be returned forthwith.
A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeals dismissed.