'Consumer can't be forced to pay power bill of previous occupant'

NEW DELHI: An existing occupant of a house cannot be compelled to pay the electricity arrears owed by the previous occupier, Delhi High Court has ruled while ordering the power company to restore power supply to a consumer.

Vacation judge, justice Sikri has ordered the BSES Rajdhani Power to forthwith restore the power connection to a government employee who was denied power supply to his residence on the ground that the previous occupant of the house failed to clear the arrears.

The petitioner Ashok Kumar, working as assistant engineer (electrical) of Central Public Works Department (CPWD) was allotted type-III accomodation No D-1/51, Lodhi Colony on April 18, ‘06.

Earlier, the premises was alloted to JK Sharma who vacated the premises after his retirement from the CPWD. However, the power company refused to grant fresh electricity connection to the house on the ground that the arrears owed by Mr Sharma should be cleared before the connection was restored.

As Mr Kumar’s pleas with the power company that he cannot be penalised for the previous occupant’s fault fell on deaf ears, he moved the high court for justice.

Upholding Mr Kumar’s contention, justice Sikri maintained that in case the electricity dues are not paid and the employee is in government service, the employer can always recover the dues from his or her salary.

Even if the employee has retired, the government can still recover the dues from such an employee’s pensions, justice Sikri observed. The court felt that since the electricity connection was in the name of the CPWD, it was for the latter to make the payment to the power company.

“Therefore, it would be appropriate if the CPWD pays the arrears of electricity and take steps for recovery of the same from JK Sharma. As far as the petitioner is concerned, he should be given electricity connection immediately as he cannot be made to suffer because of the fault of the previous occupant,” the court observed.

The court ordered the power company to restore electricity connection to Mr Kumar within 48 hours and the CPWD to clear the dues.