I got cheated by my landlady
RAJESH KUMAR PANDEY
(Querist) 04 February 2014
This query is : Resolved
Dear Sir, I rented one shop to open Ice Cream Parlor. My landlady is a widow of 55 yrs old and lives alone. She made a market complex outside her residence.She initially was soft and co-operative. We made an agreement and she assured me to help.
There was no electricity connection when I was handed the shop, Since electricity NODUE of last tenant delayed by department.
On the trust I have invested a huge sum on its infrastructure.
Just After investment my landlady is denying to allow electricity connection to my shop and not agreeing on any request. Day by day I am suffering heavy loss, as the invested amount is taken as loan from Bank at high rate of interest.
she has given in written to electricity dept not to allow any connection in my name without her written consent.
Now JE of my area is not ready to give connection but he suggested me to get court order, that is only solution. Can anybody suggest how to get this order?
I am highly worried .. pl advice me the right legal steps.
V R SHROFF
(Expert) 04 February 2014
This suggestion to get court order, is right.
Essential supply can not be denied.. You may add claim of damages too.
Get interim order for Electrical supply,
Add Elec+ land lady, both a party to suit.
ALTERNATE: Pay her and settle.. it is quick/ fastest.
ajay sethi
(Expert) 04 February 2014
agree with Mr shroff
Rajendra K Goyal
(Expert) 04 February 2014
Try to settle the matter amicably.
If not possible file case and try to get interim order for power supply first.
Raj Kumar Makkad
(Expert) 04 February 2014
I have also the similar opinion as expressed above.
RAJESH KUMAR PANDEY
(Querist) 06 April 2014
Dear Sir,
As per suggestion of my lawyer I had filed a writ petition in Allahabad HC at Lucknow... and as per Hon'able HC order he described the case as.....
{"With the consent of the parties' counsel, the writ petition is being disposed of finally
at admission stage itself.
The grievance of the petitioner is that he is the tenant of House No.10/55, Vikas
Nagar, Lucknow and has submitted an application for connection of supply of
electrical energy, which is pending disposal. Being aggrieved by the inaction of the
opposite parties, the instant writ petition has been filed.
Learned counsel for the petitioner has drawn our attention towards the judgment
reported in Renu Suri versus State of U.P. and others [2012 (30) LCD 157]. While
deciding the said writ petition, this Court has followed the judgment of the Apex Court
rendered in Chandu Khamaru v. Smt. Nayan Malik and others [2011 (4) SCCD 1705
(SC], wherein it was held that provisions of the Electricity Act, 2003 make it amply
clear that a distribution licensee has a statutory duty to supply electricity to an owner
or occupier of any premises located in the area of supply of electricity of the
distribution licensee, if such owner or occupier of the premises applies for it.
Accordingly, without entering into the merits of the case, we dispose of the writ
petition with a direction to the authority concerned to consider and decide the
representation of the petitioner for connection of supply of electrical energy, in light of
the observations made in the aforesaid judgment, within a period of one month from
the date a certified copy of this order is produced before him."}
Now again I had sent another application to Electricity board attaching this order. And SDO of electricity board has sent this order in his legal cell to decide on this matter. Please suggest what to do if in case Electricity board rejects this order.
Regards
