• Disconnection of electricity

Hello, I am staying in Indirapuram Ghaziabad in a society under RWA as a tenant, yesterday my society had cut the power supply on approval of the house owner just because I did not pay the rent this month and I told the owner that I will vacate the flat next month and to kindly adjust with the security money which is deposited with him, since I did not have good financial condition due to huge expenses, but he threatened and disconnected electricity by just mailing to the society and they disconnected within few hours by letting me know, but did not even wanted to know what is the reason, when I approached to society they said they do not bother other things, just follow the instruction of house owner, I even called police and police also did not bother and did not help me, later I had to borrow money from a friend and I paid, since power was cut, and I had children and family, so I want to know is it justify and legal that a house owner can cut the electricity and RWA also without looking anything just can cut the power supply with tenant being residing, since electricity and maintenance fee is paid by me and everything is paid and no dues left.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Electricity is an essential service and cannot be disconnected by society 

 

2) 

Supply of Water & Electricity is covered "as a public service" and is under the parameters of the "Essential Services Act", and it is a criminal offence, punishable by imprisonment, IF such disconnection of the Essential Services is done, by private persons, other than the competent authorities after following due procedures of law.

3) lodge police complaint against fla owner and members of managing committee of society for criminal intimidation under section 506of IPC

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

RWA is absolutely wrong .it is an essential service 

 

2) you can file poluce complaint against owner and RWA 

 

3) 

Electricity Is Essential Service, Cannot Be Denied Without Cogent, Lawful Reason: Delhi High Court

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Electricity cannot be disconnected as it’s illegal.only through court order it can be disconnected 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per Supreme Court, No society or the owner of the property is entitled to disconnect or suspend common amenities including electricity , and only can issue a legal notice to the defaulter and if he/she does not pay the rent or the maintenance , except to approach the court for recovering the dues . 

- Hence, the property owner cannot disconnect electric supply due to non payment of rent , and maximum he can file an eviction suit after issuing a legal notice to you. 

- You can issue a legal notice to the landlord and the society for continue the supply of the electricity , and  mention that  if not continue , then you will be constrained to take legal action against both of them. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can give a complaint in writing to the police and escalate the matter to the higher police officer if the local police is not taking proper action agaisnt the  society secretary for disconnecting the electric supply.Subsequently you can file a suit for injunction against the landlord to restrain him from using such tactics to evict you other than by due process of law and also restraining him from indulging in the activities of disconnecting the essential services. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The police complaint in writing should be an effective step to stop this menace.

The society cannot disconnect the essential services or basic amenities for whatever reason it may rely upon.They also are to be included in the complaint with the police.

If the police are reluctant to take any action you can either approach the top police officer  or the jurisdictional judicial magistrate court with a petition under section 156(3) cr.p.c., to direct the police to take action against those who committed the offence on the basis of  your complaint.

Your complaint should be in writing that too against the landlord and the society member who had disconnected and done this illegal act.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

As per law, necessary supplies like electricity and water supply cannot be disconnected. However, if there is prepaid system then on ground of no recharge the facility can be discontinued. Report the matter to police.  

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Cannot disconnect. It is a criminal act, call the police. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Client,

If the local police are not adequately addressing the situation where the society secretary has disconnected the electric supply, there are steps you can take to address the issue. Initially, you can draft a written complaint to the police detailing the incident and its significance. If the local authorities fail to respond appropriately, you have the option to escalate the matter to higher-ranking police officials for their intervention.

Furthermore, you can consider initiating legal actions to safeguard your rights. One possible approach is to file a suit for injunction against the landlord, seeking to prevent them from using unauthorized methods, such as cutting off essential services, to force eviction. This legal action also aims to restrain the landlord from engaging in such activities that violate established legal procedures.

It's crucial to note that essential services and basic amenities, regardless of any reasons cited, should not be disconnected by the society. Therefore, in your written complaint to the police, make sure to include all relevant parties, such as the landlord and society members responsible for the disconnection. This comprehensive complaint serves as a fundamental step to put an end to this wrongful practice.

In the event that the police exhibit reluctance in taking appropriate action, you have two viable options. You can either approach higher-ranking police authorities for intervention, or alternatively, submit a petition under section 156(3) of the Criminal Procedure Code to the jurisdictional judicial magistrate court. This petition requests the court to direct the police to initiate actions against those accountable for the offense described in your complaint.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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