Transfer of service connection with arrears of electricity charges

(Supply Code:41)

(1) The service connection shall be transferred and supply of electricity shall be continued to the premises with arrears of electricity charges and other liabilities, only if:-

(a) the consumer agrees to transfer the service connection along with the security deposit as well as the liability of arrears of electricity charges and other liabilities if any, to the transferee; and

(b) the transferee agrees to take over from the consumer, the service connection along with the security deposit as well as the liability of arrears of electricity charges and other liabilities if any.

(2) A consumer, who at any time, during the currency of the agreement, proposes to transfer the ownership or possession of the premises by sale or by lease or by any other means of transfer, in whole or in part of the premises or the business to which supply of electricity is given or has been contracted for, shall submit to the licensee, an application, at least one month in advance of the proposed transfer, in the format specified in Annexure - 2, intimating the following details:-

(a) nature of transfer of ownership or possession and the proposed date of such transfer;

(b) name and address of the proposed transferee;

(c) willingness or otherwise of the consumer to pay to the licensee all the dues to it in terms of the agreement before the date of the proposed transfer of the ownership or possession of the premises;

(d) willingness or otherwise of the consumer to transfer the service connection to the transferee along with the security deposit as well as the liability of arrears of electricity charges and other liabilities if any, due to the licensee;

(e) consent or otherwise of the consumer to give to the proposed transferee any information relating to the agreement with the licensee and the amount of arrears of electricity charges and other liabilities thereunder, due to the licensee;

(f) willingness or otherwise of the consumer to determine the service connection agreement, pay all dues to the licensee and to terminate the service connection agreement before such transfer;

(g) such other details as are required by the licensee.

(3) If the consumer intimates his willingness to transfer the connection to the proposed transferee, the licensee shall within three days from the date of receipt of such intimation, issue a notice to the consumer demanding him to pay before the date of proposed transfer, all dues as per the terms of the agreement and directing him in the alternative to submit within seven days, the consent of the proposed transferee for availing the service connection with arrears of electricity charges and other liabilities if any payable by the consumer.

(4) The licensee shall also issue a notice to the proposed transferee requesting him to intimate within seven days of the date of notice, his readiness to get the service connection of the consumer transferred to him and intimating him the particulars of:-

(a) the amount of arrears of electricity charges and other liabilities if any;

(b) agreement to be executed by him and the security deposit to be furnished by him:
Provided that the licensee may give any further information relating to the service connection agreement and the liability thereunder, on the request of the transferee, if the consumer has given his consent in this regard in the application submitted under subregulation (2) above.

(5) If the consumer has paid all electricity charges and other liabilities if any till the proposed date of transfer and has conveyed his willingness to transfer the service connection to the transferee, the licensee may transfer the service connection to the transferee and get necessary agreement executed by the transferee after obtaining necessary security deposit.

(6) If the consumer has conveyed in writing, his willingness to transfer the service connection to the transferee along with the security deposit as well as the liability of arrears of electricity charges and other liabilities if any, till the proposed date of transfer, and if the transferee has conveyed in writing his willingness to take over the service connection along with such security deposit as well as the arrears of electricity charges and other liabilities; the licensee may, after obtaining additional security deposit, if any required; transfer the service connection to the transferee and get executed by the transferee, the necessary agreement incorporating among other things, the terms and conditions to ensure that the transferee shall be liable for the arrears of electricity charges and other liabilities if any due from the consumer.

(7) The licensee may transfer the connection to the proposed transferee following the procedure specified in regulation 91.

(8) The transferee may also opt for availing a new connection to such premises following the procedures specified for availing new connection.

(9) If the consumer intimates his readiness to determine the service connection agreement on payment of all dues and to terminate the agreement on or before the proposed date of transfer of the premises, the licensee shall, on receipt of such intimation, prefer a demand within ten days thereof, for all the amounts payable by the consumer and indicating the due date for payment of such amounts.

(10) The licensee shall, disconnect the supply of electricity and dismantle the connection with effect from the date agreed upon by the consumer and terminate the agreement after realisation of all dues.

(11) If the consumer does not intimate his willingness to transfer the connection to the proposed transferee along with the consent of such transferee for availing the connection transferred in his favour, as specified in subregulation (2) above or if the proposed transferee does not convey his willingness as specified in subregulation (6) above, the licensee shall disconnect the supply of electricity and dismantle the connection with effect from the date of such proposed transfer of the premises or such other earlier date as may be agreed upon by the consumer and shall terminate the agreement.

Explanation.- For the purpose of this regulation,-
(a) the term ‘other means of transfer’, shall include transfer of ownership or possession of the premises to a transferee by way of merger or demerger or acquisition of shares of a company or of a partnership firm or of a society or of any other organization, or by way of any other processes of transfer of ownership or possession of the premises,

(b) the term ‘transferee’ shall include an individual or a company or a firm or a society or any other person to whom the ownership or possession of the premises is transferred.