Civil Procedure Code (CPC)

Is it illegal for owner to disconnect electricity and other services?

This query is : Resolved 
 


Querist : Anonymous (Querist)
07 October 2010

I am a house owner and some tenants in default are refusing to vacate my house even after legal notice.

They are not paying rent but they are paying water (to private company) and electricity (to govt. electric board). These bills are coming to the property in my name.

I am taking court action but I also want to place extra pressure on them by requesting water and electric companies to disconnect their services. Water company has agreed to do this upon submission of written request by me as owner. Can I ask govt. electric board to do this also? Are such actions illegal?

I feel that court action will drag on for long time and the occupants are counting on this. They have no right to be in my house and I require it for personal occupation. I just want to put some pressure on them to make them leave, since living without water and power is almost impossible.

I may also request phone and cable company to disconnect their services.

Afterall, such services cannot be provided to illegal occupants without consent of the owner.

Prakash


R.Ramachandran (Expert)
07 October 2010

You are getting the electricity and water bills in your name since the connections have been obtained in your name, you being the owner of the property. But that does not give you a legal right to get the connections cancelled when the tenants are still there. If you have any issue with the tenants you have to sort it out through the due process of law i.e. by approaching appropriate court. Just because the court case will drag on for years will not give you any justification for disconnecting the services - even with the co-operation of the electricity /water supply authorities.
In fact, the tenants would be in a position to get the connections restored through court order within no time. For that you have to again pay to the electricity / water supply authorities and not the tenants.
These actions on your part will also be taken into account by the court while deciding the case. So, better do not indulge in such actions. Approach the court and get the property vacated after convincing the court.

Ms. Khushnuma Khan (Expert)
07 October 2010

Dear Annonymousji,

Fistly you need to clarify as to where is the tenanted property situated because there are different state laws governing tenancy rights. Assuming that the property is sitauted in Maharashtra, then please check whether they are protected tenants under section 15A. If not then you can take the recourse by initiating Eviction proceedings under the Maharshtra Rent Control Act for seeking recovery of possession provideda 90 clear days notice of demand of rent has been served upon the tenants. However the said Act doesnot give right to the Owner/Landlord to withhold essential supply without following due process of law.

Best Wishes,
Khushnuma

Rajeev kulshreshtha (Expert)
07 October 2010

I agree with Mr. Ramchandran.

s.subramanian (Expert)
07 October 2010

I agree.

Devajyoti BarmanOnline (Expert)
07 October 2010

Right.

niranjanOnline (Expert)
07 October 2010

These are essential services which cannot be cut off by the landlord.

Madan Gopal Dasaur (Expert)
07 October 2010

I agree

M.Sheik Mohammed AliOnline (Expert)
08 October 2010

you must legal way, that is right way, it will may take time.

Chanchal Nag Chowdhury (Expert)
08 October 2010

U have not stated where U R situated. Tenancy laws vary from State to State. However, as a general principle, essential services cannot be withdrawn pending litigation.
U R advised to approach HC under Art.227 of the Constitution of India to speed up your case if U feel that the other side is intentionally dragging with the case.

aman kumar (Expert)
14 October 2010

agree

pawan sharma (Expert)
19 October 2010

I concur the Mr.R.Ramachandran



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