Tenant

Querist : Anonymous (Querist) 15 June 2021 This query is : Resolved
My tenant has given the electricity connection line from our meter to another apartment whose electricity is disconnected because he has not paid the maintenance. And My tenant has not asked our permission. Please let me know how to proceed further.
He has not paid rent for 2 months last year. This year last month rent was not paid and his month rent also, not sure he will pay or no. His agreement expires next month end. He is not willing to pay on increase the rent nor pay for maintenance. kindly let me know how to proceed.

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A landlord is seeking advice on how to proceed with a tenant who has illegally connected another apartment to their electricity meter without permission. The tenant is also behind on rent, unwilling to pay maintenance fees, and has not agreed to a rent increase. The discussion explores options ranging from amicable settlement to reporting the illegal connection to the electricity supplier, highlighting potential legal ramifications for both the tenant and the landlord.

Dr J C Vashista (Expert) 16 June 2021
Discuss and sort out the issue amicably.
You can report the matter to electricity supplier department/ company against taking illegal and unauthorised connection.

Advocate Bhartesh goyal (Expert) 16 June 2021
You should bring it in the notice of Electricity Dept as it is illegal supply of electricity and in case Electricity Dept take any action it will directly or indirectly effects on your rights as you are landlord and electricity is being supplied by your meter.

Sankaranarayanan (Expert) 16 June 2021
he is your tenant better to settle the issues amicably or otherwise it will bounce back to you .

Sudhir Kumar, Advocate (Expert) 16 June 2021
This is a case of using one meter for double the load for whcih it was sacntioned and it is an offence. This is also unauthroised sale of electricity.

you are liable for action for misuse of electricity if you are registered user of electricity.

You are not clear whether this electricity is being supplied by power deptt or by society.

You have also noty stated who is registered consumer of electricity, you or tenant.

P. Venu (Expert) 16 June 2021
Th tenant's action is not lawful. You can initiate action at your discretion in accordance with the provisions of the local rent laws.

T. Kalaiselvan, Advocate (Expert) 17 June 2021
The tenant's action of connecting the other apartment from your connection can be considered as an electric theft also.
If a complaint is made against the tenant with the electricity department, they may lodge criminal complaint with the local police and can get the tenant arrested and put behind bars for this offence coming under sessions court.
Besides you can issue a legal notice to him citing such irregularities and the default in monthly rental payments as a reason for his eviction.

Dr J C Vashista (Expert) 17 June 2021
Since the unauthorised connection is stated to have been provided through a meter installed by landlord of demised premises, which is not covered under the term "theft" as provided in Section 135 of The Electricity Act, 2003.

Sudhir Kumar, Advocate (Expert) 17 June 2021
Partially disagreeing with Mr kalaiselvan.

If it comes to registering FIR then it will not be against tenant (occupant) rather registered used. Most likely it is going to be he only and not tenant (although he did not specify who is registered consumer).

In such cases the bail is generally considered if the arrested person deposits 50% of the penal amount.

In case society is the registered owner and they are distributing electricity on pro-rata and they disconnected due to non-payment. In such case your flat is also liable for disconnection due to hampering of society action and if the tenants goes away you have to pay the fine.

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