• Fraud by Electricity Supply Authority and tenant

1.The tenant at our property & the electricity supply division(as per my personal information)have agreed between themselves & the electricity division has been supplying electricity to the tenant at our property,creating fake documents in the name of my father,which (application)have actually been filled up & signed by the tenant.
2.False affidavit created with notary has been submitted by tenant to the elect. supply division.
3.An electricity connection has been issued & rent been collected in the name of my father for last 7 years.
4.When I asked for the details of the connection & the consumer mentioned in the application in RTI,till June it was mentioned to me that the connection existed in the name of my father.
5.Then I learnt about the irregularirites & the collusion between the tenant & the electricity supply division,I asked under RTI for the documents/application/affidavit etc.THE REPLY FROM DEPARTMENT NOW IS THAT THOSE DOCUMENTS ARE NOT TRACEABLE,WHEN TILL JUNE THEY MENTIONED THAT MY FATHER WAS THE CONSUMER.
As I hear,a forged document for taking connection has been created & the electricity dept is being bribed to supress it.
6.The tenant has in the meanwhile,changed on its own,the domestic connection availed to commercial & one of its employees has impersonated as the authorised representative of the consumer & given consent on the physical verification report.
7.When I complained in writing,the Senior General Manager,has written that(on our property)it is actually the tenant who has taken the electricity in the name of MY FATHER & it is he who is paying the electricity bill(issued in the name of my father) & hence he is allowed to change the electricity connection WITHOUT OUR CONSENT.This appears bizzare to me.The tenant is not paying rent & it appears that the tenant & the electricity division( atleast without papers)are encroachers.

Kindly advise on-
1.What ALL departmental action should I ask for against the erring officers-List them kindly
2.What are the offences committed under IPC & electricity act etc & what legal steps are to be taken against (a)the electricity dept & (b)the tenant.(Cases to be filed under what law/laws/sections)
3.Is it not an offence to lose documents from your custody in office?what actions are taken?(The tenant has caused this file to disappear.)
4.how can I get the documents now( that were submitted for availing connection & are now "untraceable")
Asked 8 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

to obtain electricity connection in name of your father an application signed by your father has to be made

2) if electricity connection is in name of tenant then copyof rent receipt , agreement executed between landlord and tenant is sought

3) if your tenant has fraudulently obtained electricity connection in your father name file police complaint against the tenant for criminal breach of trust , forgery , fabrication of documents

4)police would call upon electricity dept to submit copy of alleged application received from your father for electricity connection , correspondence etc .

5) if your father signature is forged it would be submitted to hand writing expert for his opinion

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If any such forgery is done by the department on your tenant, you can lodge a FIR regarding it..the police will investigate the matter itself..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. You issue a legal notice to the tenant to vacate the premises in the capacity of the legal heir cum owner of the premises for non-payment of rent

2. If you are confident that the electricity department has issued connection in favor of your father at the instant of the tenant, you may apply for transfer of electricity connection to your name in the capacity of legal heir to your father by enclosing the legal heirship certificate and other requisite documents, let them give a reply rejecting your request, you can aproach court seeking direction to the department for the purpose.

3. You prefer an appeal against the department for not furnishing the desired documents.

4. You can file a suit seeking direction to the department to furnish the documents if the RTI route fails to deliver the substance.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Give a written complaint to the police .. Police will investigate the offence and will add the sections according to the offence found .. Provide them all the details

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

file police complaint under section 406, 420 , 463 of IPC against tenant

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. If the tenant has forged the signature of your father and applied the electricity connection in his name then he is liable to be prosecuted for the offences under sections 406, 420, 467, 471 IPC. File a complaint against him to the jurisdictional police station which will investigate the matter.

2. The application form will reveal whether the signature of your father was forged by the tenant or not.

3. If electricity dept is not tracing the form then file a complaint against it also under sections 406 and 420 IPC.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You cannot file any criminal case against this but you can file a civil case agaisnt the electricity department requesting the court to direct the department to produce the details of all such spectated fraudulent acts done at the behest of the tenant and the tenant may also be impleaded in this injunction suit.

The necessary relief also can be sought in the suit.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer