zuzepernal 17 August 2024

Section 135 of electricity act

My room in Mumbai has been let out to a Private Ltd. company as an accommodation for their workers, on a "legally executed Leave And Licence Agreement. Since the electric connection was commercial, I had asked the new tenant before moving in to my room, if he wants me to change it to residential for which he had said no.

For around six months, every thing went normal with electricity bill and all other matters. Electricity bill used to come between ₹600/- to ₹750/- and was being paid promptly by the tenant.

After that, electricity bills came ₹500/- only for around six months. I was not monitoring electricity meter readings and bill payments because the tenant is a well known, respected and a rich business man.

One day, I recieved a message from Adani Electricity stating that, they have removed Electricity meter (in the presence of the staff of the tenant) and disconnected power supply to my room on accusations of electricity theft. I promptly forwarded the same message to the tenant. After two days, Adani electricity sent another message demanding me to pay around ₹70,000/- as penalty. I forwarded the same message to the tenant. While discussing the matter with the tenant, after some arguements, he finally agreed to take the responsibility and agreed to settle the issue with Adani electricity after negotiating on amount payable. Here, I would like to mention that, I find no reason to assume that, the tenant and/or his staff have actually done something wrong. On my part, I am holding the tenant responsible only because, he is in possession of my room. The agreement is going to expire in nine months. I am a senior citizen, barely survive on rental income from my room, living in different state 1000 miles away from Mumbai, and rarely visit my room.

After six months of recieving message from Adani Electricity to pay ₹70,000/-, I recieved a few calls threatening to file an FIR on my electricity bill "Account Number". Again after a month, I recieved another message mentioning they have filed an FIR against my account number and threatened further legal actions if pending bill (penalty) is not paid immediately. I forwarded all these messages to the tenant. Though tenant is not refusing to pay and tells me he will negotiate with Adani electricity before paying. This uncertainty causes me sleepless nights, because I do not know what future actions I will have to face from Adani electricity. For me ₹70,000/- is very big amount to loose.

My question is, why Adani electricity, despite myself informing them through email and phone calls, not approacing directly to the tenant, since the tenant had exclusive control of my room and I am not a resident of Mumbai or not even Maharashtra. What are the consequences of filing an FIR against my account number when I am not responsible for electricity theft? What more legal and other actions to expect from Adani electricity if payment is not settled immediately?

Kindly help. Thanks in advance.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 17 August 2024

You will be held vicariously liable for the acts of theft or any illegal acts done by your client in the premises belonging to you.

The electicity company ha no relationship with the tenant, they will sue the owner and not the tenant, they are least bothered whether the tremises i=s let out on rent or occupied by owner, they will intersted in only their utility bills anbd all those fraudulent things taken place against their company.

The theft of electiricty is a sessions offence and the landlord also can be implicated in the criminal case, hence to avoid unpleasant situation at this age, better sort out the issue with the client and vacate him from the premises for his illegal acitivity.

You cannot claim that since you are living far away you cannot hold responsibility for this, it is your property hence you are only answerable

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 August 2024

^{Generally, the responsibility for paying electricity bills depends on the terms of the rental agreement or lease. Here are some common scenarios: 1. *Tenant responsible*: In most cases, the tenant is responsible for paying electricity bills, especially if they are the sole occupant of the premises. 2. *Landlord responsible*: Sometimes, the landlord may be responsible for paying electricity bills, especially if the rental agreement specifies this or if the landlord controls the electricity usage (e.g., in a shared housing situation). 3. *Shared responsibility*: In some cases, the responsibility may be shared between the landlord and tenant, depending on the specific arrangement. To determine who is responsible for paying electricity bills, review your rental agreement or lease and look for clauses related to utility payments. If you're still unsure, clarify with your landlord or property manager. Additionally, consider the following: - Take meter readings and document them when moving in or out to avoid disputes. - Ensure you understand the electricity billing cycle and payment deadlines. - If you're responsible for paying electricity bills, set up a payment plan or automate payments to avoid late fees. Remember, communication and clarity are key to avoiding disputes over electricity bills!}