Tenant not paying electricity bill

if the tenant is not paying the electricity dues, then the landlord may serve legal notice tot the tenant to pay the said amount within the specified time limit or else the agreement shall stand terminate and the landlord shall be at liberty to adjust the same from the deposit and pay to the electricity distribution company.

Kindly serve legal notice immediately to the tenant through an Advocate.

Regards

Advocate Rohit Dalmia

9324538481

Mumbai

Dear Rohitji

Even if we serve the Legal Notice and terminate the agreement you cannot throw out the Tenant and will have to go to the Court for evacuation. The tenant will again pile up teh Electricity Bill. So we come back to my original query which u havent answered

Can the Electricity Supply of the tenant be stopped by giving a Notice to pay the default amount and take a separate connection?

Are you sure that your Lease Deed does not contain anything which can be taken to mean that the rent he pays includes the electricity charges also? Is there a sub-meter to log his electricity consumption? Is he paying his rent regularly?

Electricity is not something like water which is considered an essential service. You can disconnect his power connection after giving notice? Also file a coveat in the court to preempt him from bringing any unilateral injunction.

Thank U Ramaniji

More so as it comes from a Technocrat!!

Thank U Ramaniji

More so as it comes from a Technocrat!!

I suggest that you get coveat even before your tenant gets wind of your intention to cut his power supply.

Lawyers have law on their noses and they cannot look beyond their noses. I am not handicapped that way.

CONTRARY to what Shri (Dr.) MPS RAMANI Ph.D.[Tech] has stated : 

1.  Electricity Supply is definitely a "essential service".

2.  Electricity Supply can be disconnected ONLY by a "competent authority" under the law, means authority deputed by the Electricity supply company, after due procedures.

3.  IRRESPECTIVE of ANYTHING, Any "NON-competent authority"  (including land-lord)  CANNOT disconnect electricity supply,  which will be criminally prosecutable.

4.  Lawyers, by professional default, SHOULD have the law on their noses and everywhere else, unlike non-law persons (especially biased tech's), who dole out illogical solutions, which is dangerous to all.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar
 

Hemantji

I in fact disconnected the electricity after giving a notice ! The tenant lodged an FIR and I approached the High Court and the FIR was quashed by the High Court on the first hearing on the following Grounds furthered by me in the  High Court!

The Electricity may be an essential services but you cant expect some one else to to pay for what is essential to your living! In this case the tenant was having a sub meter and he was provided the Electricity by me on terms written in the lease deed which included a condition that he will take his own Electricity meter! When he did not do that and did not pay the bills also, I invoked that clause after giving a notice.When he did not comply I disconnected. In this case the Electricity Board isnt a competent authority for the tenant because he has not taken the Electricity from the Board

When I issued a notice he also approached the Civil Court also for a stay but before  the hearing as soon as I received the summons I disconnected the sub meter and the Court dismissed his Civil Petition for stay also terming it as infructuous . Surprisingly his Lawyer suggested filing a contempt of court against me which he did saying that I had disconnected the Electricity after receipt of Court Notice for stay! His contempt was also dismissed because I argued that comtempt is committed only when there is a COURT Order which has been voloted/disobeyed

Here there was none

You are 6 months too late Advocate Agrawal. The author of the post not only accepted my advice but even congratulated me. Before giving him further advice you should have tried to find out what happened to him during the last 6 months. Did he act on my advice? Did he come to grief acting on my advice? He may not be watching this post any more. I suggest that you send him a PM.

In the meantime please visit the following link, see my last 2 posts there and if possible rebut it point by point.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=95556&offset=2#.VCzuWhFxmM8

I am in touch with Mithul Co-op Soc. The Consumer Court Judgment has created utter confusion among all the parties to the case. The Society has gone on appeal to the State Commission. If possible try to follow what is happening in the State Commission. It will be very educative to a person in the legal profession.

Just after I clicked my post I saw the response of Mr. Ashok Kumar which preceded my post by a few minutes. Do I not stand vindicated?

"Essential service" is not an absolute definition. It is a purpose based and instance based definition. When electricity workers go on strike the Government tries to counter them by declaring it as an essential service. We have to differentiate between technicalities and realities. If water supply is cut off life becomes impossible. If electricity is cut off it causes inconvenience and temporary dislocation. The victim may not get light in his house. But he can buy candles. 

There is lawlessness in this country due to blind technical interpretation of laws and cavalier attitude of judges who issue stay orders on the drop of a hat. When law is interpreted in the manner Advocate Agrawal does,  it becomes tyranny of law.

Mr. Ashok Kumar is lucky that you saw his post 6 months too late.