Eletrcitiy disconnection due to report of theft

Manikhandan Menon (Querist) 01 June 2023 This query is : Resolved
We are the teanant who is doing Medical business at thrissur , Kerala. We have issue with Onwer of the building on the Rent sie and he wanted to vacte us . there is case running for the same . He indulge an activity in our EB connection by diverting the Connection from the EB to our room connection by avoiding Meter. He himself informed the Vigilence by stating that eletricity theft happening in our connection , interms vigilence visted the sight where the meter was kept under lock and key by the owner . while doing the full investigation they found that the meter is tappered and connection in illegal manner to our rooom . as action they disconnected our connection and put a penalty on the building owner . The intention of the owner to force to vacate by cutting the EB . in this scenrio how we can get the EB connection to be restore where the Building owner refuse to pay the penalyt and other charges . Please direct us

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A tenant running a medical business in Kerala has had their electricity disconnected after the building owner falsely reported electricity theft. The owner's actions, intended to force the tenant out, resulted in a penalty for the owner, but the tenant's connection remains cut. The tenant is seeking advice on how to restore their electricity supply, especially since the owner refuses to pay the penalty and other charges.

kavksatyanarayana (Expert) 01 June 2023
You have to vacate property as requested by the owner. You ask him some time to search a new one and to vacate.

Dr. J C Vashista (Expert) 02 June 2023
Landlord is liable to pay outstanding electricity bills / unauthorised consumption.
Continuation of tenancy is at the pleasure of landlord, who may get the premises vacated as per provisions of State (Kerala) Rent Control Act/ Transfer of Property Act, applicable in your case.

Sudhir Kumar, Advocate (Expert) 02 June 2023
You have options :-

Option-I vacate

Option-II Get the electricity reconnected by paying the penalty on his behalf and recover the same from his rent

Needless to say that it is understood that landlord is so badly fed up with this tenancy that he has resorted to disconnection of his own electricity and rendered himself liable for criminal prosecution.

P. Venu (Expert) 02 June 2023
As the tenant, you are entitled to for supply of electricity.

However, the posting suggests many a tenuous issue where the other side may have its own version. No meaningful suggestion is possible unless the issues are discussed and facts ascertained.

Sudhir Kumar, Advocate (Expert) 03 June 2023
The ladlaord (atlead what is understood from facts posted) has worked very clearverly and may not be easy to be nailed.

He has not denied electricity to tenant. This could have rendered in in criminal case.

He has committed an irregularity and got raided by electricity department and got supply discionnected which will not be retorted without payment of fine.

Connivance is seen because electricity department has not filed FIR (atleast as per facts so far indicated).

querist may come with full facts.

Manikhandan Menon (Querist) 05 June 2023
There is a letter issued against the landaloard against the theft and EB asked them to pay the Penalty . He requeted for 10 days time . When we installed the camera which was damanged by landloard , it captured the scenere where he is doing the criminal activity and police took a case on camerea damage . the intention of the land loard to force to vacate the premises . Currently we cleared the rent dues in court . hence decision still pending with court under the RCP

T. Kalaiselvan, Advocate (Expert) 06 June 2023
You can file a petition before court to direct the electricity department to restore electricity connection to yo since you are affected due to the criminal activity of the landlord, alternately you can issue a legal notice to the landlord that you are paying the penalty on his behalf and demand him to return the same failing which you can file a money recovery suit

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