Forceful eviction from rented room
KRISHNA MOHAN SAHA
(Querist) 21 January 2013
This query is : Resolved
Dear Expert,
Kindly guide me on the same............
My father is a retired small scale businessman of 63 years of age, who has been residing along with my 5 members’ family in a single rented room with a long roof on 2nd floor in 56, Canel Road (Ward No.-116) Kolkata for last 31 years.
Now the landlord (Mr. Anup Gupta) is trying to evict us from the aforesaid room. He has disconnected our water supply which was available on the same floor whereas I had contributed Rs. 1500/- while setting up the water supply system.
He has detached us from the facilities like drinking water, toilet, bathroom, drainage system & free space on the roof by given a long wall just 2-3 feet far from my entrance when my father was not in Kolkata. Now the situation is that Mr. Gupta has made such an arrangement so that there is no scope of draining out waste water while washing utensils and so there is 24hrs. water logging in front of my entrance.
When my father & me requested him to make some alternative arrangement for drinking water, toilet, bathroom, drainage system, then he told us to use the common toilet, bathroom and water tap on the ground floor only; giving this logic that his floor is being damaged by using toilet, bathroom and water on it. Again I requested him by telling that it would be very difficult for a senior citizen like me to make a repetitive use of toilet, bathroom, even you have not left any scope of washing utensils on 2nd floor. Then he replied “if you want to stay here then anyways you have to tolerate all these”.
Sir, I have been reporting the same to the Club Members, local Sahapur Out Post & our local Councilor too for last 6 months but there was no fruitful result till now. When firstly, I reported the same to The Asst. Officer-In-Charge then he asked about my room rent. I told him it’s Rs. 255/- then he said “Sostar Teen Obosta” (means if you get a cheap thing then you have to suffer by many ways) which was quite unexpected and shocking from the officer like him for me. So I simply made an exit from his cabin.
Secondly, my parents went thrice to our Councilor named “Mrs. Krishna Singh”, who instructed her assistant named “Saroj Da” to visit the spot personally and to solve the issue by conducting a meeting too. First he conducted the meeting but no fruitful result came out, then he consolated me, “okay don’t worry, the very next day I’ll visit your spot then I’ll take decision accordingly”. But on very next day after visiting the spot the assistant commented, “Yes, everything is fine, I don’t feel that you and your family are facing any problem in such a situation”. And since then, the landlord has been torturing us by throwing our belongings, drinking & abusing with his friends and colleagues in front of our entrance
In our family there are 6 members (my parents, my elder brother, his wife and their 4+ years old baby and me). One day when my sister-in-law was alone in the room then being drunked the landlord came in front of my entrance and started abusing without any reason. Now the residential atmosphere has been spoiled totally.
My father also reported the entire thing to The Human Rights Department at Buroshibtala, New Alipore, howerver there was no resolution yet.
we are quite disappointed from our local Club, Police Out Post, Behala Police Station (G. D. No.-1658 dated 10th Sep.’2012), Councilor and Human Rights too.
So sir/ma'am I urge you to kindly advise me on the same so that I could get rid of such a drastically suffocated situation.
ajay sethi
(Expert) 21 January 2013
lanlord cannot disconnect water supply . file suit for declaration that you are a teannt and obtain an injunction against landlord . coact a local lawyer in kolkata
Raj Kumar Makkad
(Expert) 22 January 2013
Follow the sole advice in this matter which has been given to you by ajay.
KRISHNA MOHAN SAHA
(Querist) 23 January 2013
Dear Ajay Sir,
Thank you very much for your valuable suggestion.
Actually he has detached us from the tap in 2nd floor which we had been using for last 7 years and the landlord is forcing us to use the tap on ground floor, moreover he has not left any opening for draining the waste water out.
Secondly he has not received the rent for last 2 months i.e., Nov & Dec.'2012 and trying to prove us defaulty.
How to tackle the situation.
Raj Kumar Makkad
(Expert) 23 January 2013
Send the rent through money order or deposit in the court.
ajay sethi
(Expert) 23 January 2013
yes send the rent along with covering letter by regd post AD or by money order in favour of landlord . you can also deposit it in court