deepa 25 February 2015

Pls advice on this

Hello Sir

My Tenant has not paid Electricity rent and Maintenant upon speaking to a Local Lawyer he has sent us an Application which Reads "to Cut the Power and wont be responsible for arrears" Pls advice what to do Can we proceed with this step. Can i Be jailed for this.

Thanks

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8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 February 2015

Dear, Send a legal notice initially ...then only take any action .... Kapil Chandna Adv 9899011450

shrivaishnavmukund 26 February 2015

Sir,

1. For free advice you can also go to free legal aid center

2. You have not done any crime, a you tenant is unable to pay the rent, so you can evict him via legal notice.

3. The format of simple eviction notice can be searched from google, if you are not able to do that then i advice consult advocate.

Vishal (CEO) 27 February 2015

Hi... I had a shop for computers which did not work for me... i was also not able to pay rent on time... So i had to leave the Shop and the Rent was adjusted in the Deposite that i had given and the remaining amount i gave in Cash to the Owner... He Also gave me a paper where he had mentioned paid on it... Now before Taking the Shop he had taken a cheque from me and the date was not mentioned... so i had sent a Letter to the Bank to Stop Payment... As there was not enough fund Bank Manager had replied that they cannot shop the check as there is less fund in the Bank and would go as bounced.... Now The Landlord has put that Cheque and Bounced it and has Sent me a Notice... what action can i Take against this Fraud Landlord who is Demanding for Money even after Paying him.....

By the Cheque number i can state that the Cheque was Old

By the Bank Email I can State that i had Given a Request for stop payment

and the Other Evedence i have the Letter that he gave as paid

how do i fight

Abhay Swarup (Law Officer) 27 February 2015

I need format for suit for declaration for change of name.

shrivaishnavmukund 27 February 2015

Sir,

1. my question is why did you pay owner with money and then cheque ?

2. Considering your case, if the owner can file a cheque bounce case against you.

3. You need to have sufficient evidence to prove your innocence.

4. best i would advice to visit some local advocate for advice.

5. Sir if the amount is very less, i suggest you pay him via online banking or money order, or else hire one lawyer, fight the case to prove your not guilty.

6. Please go for legal aid center in courts, to clear your doubts.

T. Kalaiselvan, Advocate (Advocate) 02 March 2015

@Deepa: If your tenant has not paid the electricity charges, if it is a separate meter, just leave it to get disconnected or if it is charged through sub-meter, you may issue a legal notice to hims asking him to pay the charges along with the other dues to be paid by him, if he is not complying with the demands made, you may file suit for recovering the arrears of charges along with an application for evicting him for the tenanted premises. You dont law into your hand by disconnecting the electricity connection to him which will be an offence for depriving him the basic amenities.

T. Kalaiselvan, Advocate (Advocate) 02 March 2015

@Vishal First of all, you should use your own thread to post the queries to which you seek clarification because the reply given to others will be confusing and misguidance to your query. Now to your query:

While vacating the shop, if you have already paid the entire dues, what was the necessity to issue the blank cheque?, You have stated to have written to the Bank Manager to stop payment on the cheque if presented, did you mention any reason for such instruction?, do you have the reply version of the Bankers?, if you possess the said evidence, you may secure it to defend your case in the court if he opts for a cheque bounce case against you. If the landlord has issued a notice, you should give a reply notice denying the allegations or if you admit his demands o be genuine, you may buy time to settle the matter. Consult a local advocate and proceed.

T. Kalaiselvan, Advocate (Advocate) 02 March 2015

@Abhay Swarup:First of all, you should use your own thread to post the queries to which you seek clarification because the reply given to others will be confusing and misguidance to your query. Now to your query:

There is no standard format for such declaration suit, the pleadings will depend on the facts of the case and the prayer will depend on the reliefs sought for. So better take the help of a local advocate for further guidance in this matter if you are not able to do it yourself.