Property Owner: Court: Property Owner Can’t Be Forced To Pay Tenant’s Power Dues | Gurgaon News

Gurgaon: A property owner can’t be forced to pay the pending electricity bill of its tenant if the connection is in the latter’s name, a city court has ordered.DHBVN had issued an electricity connection to a man who had taken a shop-cum-office on rent in Sector 23 without obtaining a no-objection certificate (NOC) from the property owner. The new connection was issued although the shop’s owner already had an existing one in his name.In April 2015, the discom issued a notice to the property owner — Enu Estate — for dues of around Rs 3.2 lakh that the tenant, Public Soft Corporation, had not paid. Nine years on, the court has termed the recovery notice illegal and directed the discom to refund the amount with 3% annual interest.Sandeep Mehta, the counsel for Enu Estate, argued that the discom had issued an electricity connection to Public Soft without his client’s knowledge nor obtaining an NOC from it.Enu was forced to pay Rs 1 lakh in April 2015 by the discom as it threatened to disconnect power supply to the premises, he said. “Demanding the amount from another consumer is wrong, illegal, and unlawful,” said Mehta. The discom, in its reply before the court, mentioned that an electricity connection previously existed in the name of Public Soft in the same premises, which was permanently disconnected in May 2011 for non-payment of dues. But Enu somehow managed to get a new connection for the same premises. Civil judge (junior division) Pragati Rana, in her order dated April 16, observed that the petitioner could not be made liable for payment of the defaulting amount of its tenant. It is obligatory upon the discom to make efforts to recover the pending amount from Public Soft, it said.

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