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Shail (prop)     12 February 2011

Right to electricity.

I had taken 2 shops on lease from the same builder at construction time. A draft lease aggrement was signed at that point. I have taken possession and opened   my shop in one location but have asked the builder to adjust my money for the other shop in the dues of this shop.

They have not done it. I have stooped paying them rent. The case is in arbritration. Suddenly they have cut my electricity to my shop.

What are my rights??

Can they do that ??



Learning

 4 Replies

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     13 February 2011

Dear Mr.Shail,

 

In order to answer your query, further clarifications are imperative, e.g.  who has entered into agreement with the electricity distributor for  power supply (,i.e. on whose name power connection was granted), whether you were receiving electricity bills in your name, any dues of electricity supplied in the premises are outstanding,etc.

 

In the normal course, if the electricity connection was in your name, the builder has no locus standi to get the connection disconnected.  You may  take up the matter with your Electricity distributor and if no response you may  file a consumer complaint in the local District Consumer Forum.

 

Kumar Doab (FIN)     15 February 2011

You may carefully study the lease agreement.

1. Was it mentioned the builder shall provide neccessary documents e.g NOC for water and electricity connection in your name , or sub meter for your shops shall be installed and you shall pay according to the consumption shown in sub meter to the builder. The concerned departments do not recognise sub meters. You may check it for your state.

Were you obtaining proper  receipts of water/electricity payments made by you.

Have you obtained the neccessary licence/permission for the trade you are running at the premises, from concerned authorites e.g.municiple corporation.

Are you paying any tax to municiple corporation and have receipts.

Is your firm registred properly at the address of your  premises. Have you been issued VAT number etc and other applicale  licences at the address of your premises.

Is it mentioned that the market value of one shop ( as per valuation) shall be adjusted in the other shop.

Water and electricity are basic rights.

In the meantime if you  may obtain water connction.

You should report the matter in writing to the Electricity and water board office of your ward and obtain acknowledgment with complaint number under original seal and signature, and then give representations to the concerned authorities in person followed by letter and obtain proper receipts.

You can raise query under RTI on eligibility for connection as per law of the land .

You may check if the electricity board provide meter/connection on recharge pattern i.e the connection is given and like sim card an electricity  card with value is installed.You can consume as per value.

It is well known water and elecricity board are corrupt , you may use your resources and obtain connection and if the builder wants let him raise objections.

Under RTI you can obtain copies of all communications.

If there are other aggrieved shopkeeprs you may join and form a group.

You can raise a consumer complaint and most likely you shall be given connection.Consumer forums acknowledge that connection is basic right.

 Have you got the proofs or photographs or report of electrician certifying from the main connection  a connection was given at your premises.

You may stat using inverter/battery ( purchased from company authorised old and reputed dealer  under proper bill and installed by paying installation charges under bill and pay by cheque and obtain seperate receipt ) and lodge complaint with builder in writing that your business and investments and your health is suffering anfd maintain proper reecords.

parag (director)     16 February 2011

 

sir mr Jha and sir adv Vivek,

Kindly do help me,

I have an organisation(co-op society ltd),our societies former secretery had bought a commercial space of MHADA .they made an agreement on stamp paper of 20Rs in year 1997.he also made full payment of 2.5lk to the seller at the time of agreement by cheque,but now he(seller) is saying he would not going to registry us of the property.now what should we do and also i m giving u some specific points to think on.

1) we had made full payment by cheque and still he did not returned us.

2) he did commited us that he will produce a NOC from MHADA  for registry,as per my knowledge he didnt even applied for it.

3)can MHADA official help me on this by law

4) unfortunately we didnt notary or registerd an agreement

so kindly suggest me remedy for above subject


SHARWARI SAWANT (redhotsun28@yahoo.co.in)     13 April 2011

 

Hellow Sir,

I had purchased d house in 1991 and given the money to the owner but the owner made d agreement in 1993 and not of sale but of lease deed which he did not register and cheated as i was stayin in gujarat for 10 years after that. i also paid him 6000 for electricity and water connection in the same year but he got it on his name. till date i wasent paying rent as i had paid the purchase amount Rs. 300000 in the year 1991. In 2009, the owner filed the case against me saying i haven't paid the rent since 18 years which i haven't as according to the valuation 300000 was the purchase amount in 1991 and has also claimed that he has being paying the electricity and water bill since 18 years which i have been paying for so long. Since the case has been put up, he has started paying the water and electricity bill (since 2 years). now i want the light and water connection on my name. how can i claim for it? i do have his NOC but its for the year 1993. is it valid and if not, any other way to get it?


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