Sir thanks for your guidance. However there's more to my case beside the wromg affidavit as mentioned in my earlier post.
The matter was settled in mediation with post dated cheques going into 8 months. As per settlement, the tenants agreed to clear the water and electricity usage charges upto the date of their occupation. They also agreed to hand over the furnishings in the property.
I am agrieved even after all this happening. The tenant director handed over the keys of the property on the settled date and we signed on a paper that the possession has been handed over to me. He left immediately after signing. Kindly see the following points
1. On inspection of the property, I was shocked to see that the walls, electrical switches particularly the rooms inside and upper floors have been damaged intentionally. The furnishings, fixtures, appliances agreed as per agreement are not there (have been removed in a very crude manner, damaging the wall plaster etc). A few fittings like geysers, ceiling fans, exhaust fans which were part of the property at the time of me handing over to them are also missing.
2. Water and electricity usage charges have not been paid from quite sometime. I have already made the payment of above Rs. 60,000/- towards pending water charges, so the water is not disconnected.
3. In additon there is a pending dispute of the tenant with the Electricity company in the consumer forum. The electricity company had raided the property, as I have mentioned earlier that they started to run a guest house. On the commercial charges demand not paid, the electricity company disconnected the supply. The tenants moved the consumer forum and pending adjudication, the court ordered the company to restore the supply after making a part payment. Maybe due to this reason too, the electricity has not been disconnected even after the current usage charges have not been paid by the tenant. This was revealed to me after the possession was taken over by me. The tenants concealed this fact from me and the mediation court.
4. I am yet to take advise pertaining to the electricity dispute and pending payment. But as far as I understand the electricity company is going to file a chargesheet u/s 135 electricity act in very near future, which most probably would be in name of connection holder, i.e. me.
Please guide me:
Whether such concealment of the pending dispute pertaning to electricity would qualify for contempt of court?
Whether the pending usage charges of water (and electricity) would also qualify for the same?
If I raise a dispute regarding the damages, and the tenant stops the future cheques, what steps can i take? 138 would again take a lot of time. Would this too be a contempt of court when all these cheque numbers with date are mentioned in the settlement and it is specifically mentioned that the tenant would honour the cheques?
Is there any other step which I can take so as my future cheques are honoured and the tenant is penalised for all his actions, who has been unfair to me, even after the matter was settled in mediation and the whole spirit of the settlement has been shattered by him.
Thanks again
Regards
HM