I'm staying as a Tenant in one flat in Indore. The society secretary and association are biased against us as they think we are doing commercial activities here. They have sent legal notices to the Owner and are pressuring the owner to make us evacuate the falt. Now the thing is we have Registered Rent Agreement to use the flat as a guest house of my company. Only the employees coming from out of town are staying here. Now the Society association feels we are doing some business and commercial activities. But they are threatening us to vacate the flat in onr months and giving legal notices to Owners stating that if we don't vacant they will discount the water and electricity supply.. I have be no due of rent or maintenance. Is this legal to give to Disconnect the water and Electricity, stating that flat is used for commercial purposes. Even when its not used for commercial purposes.. Please advise.
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1) owner cannot disconnect water and electricity supply as it is an essential service
2) as per leave and license agreement flat can be used as guest house by the company . Hence you have not violated terms of your agreement
3) licensor can terminate leave and license agreement by giving you one month notice or so as per clauses in your agreement
Sir, one more question. Can you please give me a reference of Article under Constitution which relates to such guidelines. And a similar case with the judgements.
1. The claim that the said flat is being used for commercial purpose has been disputed by you which will now be decided by the Court.
2. The society can not withdraw the said basic amenities provided to your flat unilaterally without due process of law.
3. There are Supreme Court Judgments stating that the said basic amenities and facilites can not be withdrawn by the land lord without due process of law. It is applicable on the Society also as such.
4. What the Society is supposed to do is that they should file an eviction suit before the Court on the ground of your alleged running of commercial activity and praying for your early eviction therefrom.
Supply of Water & Electricity is covered "as a public service" and is under the parameters of the "Essential Services Act", and it is a criminal offence, punishable by imprisonment, IF such disconnection of the Essential Services is done, by private persons, other than the competent authorities after following due procedures of law.
1. Article 226 of the Constitution of India should be referred for filing Writ Petition before the High Court.
2. It is a well known Judgment which states that basic amenities and facilities required for living can not be withdrawn without due process of law.