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Gurudevsingh (Pensioner)     11 February 2012

Disconnection of essential service without notice by owner

Sir,

After the demise of my Father in 1996, My mother gifted 4000 square feet of land in chennai to my elder & younger brother respectively in the year 2002.I was gifted 1200 square feet of land at our native village in maharashtra.Even though there was no equal possesion of property, I never went for any interim relief. I sold my gift and purchased a flat in Hubli(Karnataka) where I was working(Indian Railways). everything was going smooth till 2007. In the beining of 2007 I had to face compulsory retirement from Indian railways resulting in selling of the flat and re-settling in chennai. I was not allowed to enter my ancestral house when i came to chennai, quoting as i received my part of the property. I requested that i will pay rent for my stay. i was allowed a single room with attached bathroom in the terrace, but the condition was I should not stay with my wife and children. So, I was forced to settle my wife and children  in my sister-in-law house which is in the outskirts of chennai and am staying alone..during this period i tried many places for re-employment and was searching for a appropriate lawyer to fight my case in CAT/Chennai. in subsequent years of 2009 & 2010, my children were got admission in Indian Marie Time university as B.Tech(Marine) & SRM university as B.Tech(genetics). in the month of Oct'2011 I got a good lawyer and filed writ petition in CAT/Chennai aginst Indian Railways. Court has given orders on 25th Nov'2011 to dispose of the case within 3 months(ie by 25th Feb 2011). This was brought to the notice of my brothers, In turn they told me to vaccat by January 31, 2012. Inspite of repeated request orally that as and when I get my job back I will vaccat did not heed to their mind. On 8th February 2012 they had diconnected the electricity & water without informing me orally or by writing. My request to you is My both the brothers are working in railways. is this the way for a govt servant to behave in private life. I am unable to console my mother, what is the remedy. 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 February 2012

In whose the house property is ?  If it is in your father's name then file a suit for partition and seperate possession of your share, you will get your share.  

If you are having any receipts for having paid the rent , then issue notice to your borthers to reinstate the disconnected services, otherwise you have got right to approach the consumer forum.

Gurudevsingh (Pensioner)     11 February 2012

My mother has gifted to them and it is registered with my concern. i do not want any share in this property, i want shelter for only 1 year. By 2013 june my son will become 4th engineer in marine, from there no problem for me.as far as rent receipt ,he has refused to issue a receipt as it involves IT and moreover he has to take prior permission from railways to rent out his property. I used to pay in bulk. In march 2011 I had paid 25000/-. I am still due to them.From Nov 2007 uptill date @2000/- as rent, I am due around 80000/-. But my source of income is only pension of 7500/- per month & my wife earns 11000/- per month. With this money i had to run my family take care of their studies, their collage fees and clothings. as of now I am not in a position to spare a single pie apart from family. Ultimately i should say them to throw my belongings out and get the house vaccated. I had requested them , My mother has requested but they have become thick skin.

Gurudevsingh (Pensioner)     11 February 2012

My mother has gifted to them and it is registered with my concern. i do not want any share in this property, i want shelter for only 1 year. By 2013 june my son will become 4th engineer in marine, from there no problem for me.as far as rent receipt ,he has refused to issue a receipt as it involves IT and moreover he has to take prior permission from railways to rent out his property. I used to pay in bulk. In march 2011 I had paid 25000/-. I am still due to them.From Nov 2007 uptill date @2000/- as rent, I am due around 80000/-. But my source of income is only pension of 7500/- per month & my wife earns 11000/- per month. With this money i had to run my family take care of their studies, their collage fees and clothings. as of now I am not in a position to spare a single pie apart from family. Ultimately i should say them to throw my belongings out and get the house vaccated. I had requested them , My mother has requested but they have become thick skin.


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