• Fraud on and fraud by the PH Department

FACTS OF THE CASE:
1.There is a fire safety training school at our property,which is a commercial entity,staying on agreement & using DOMESTICALLY AVAILED WATER & SEWERAGE/PH SERVICES COMMERCIALLY.
2.The PH Dept is hand in glove with the tenant.
3.Although the PH dept under RTI has revealed that my father availed the connection,it is not sharing the application form.There is no approved building plan submitted & the connection is to an unapproved building constructed by the tenant forcubly.
4.In RTI application its mentioned that in 2004(tenant was present then in property),the ILLEGAL water connection was regularised.But the dept is not giving me information,on whether my father made any request in writing for regularisation.
BE IT IN ELECTRICITY OR WATER I FEAR,THE TENANT WAS FAKING MY FATHER'S SIGNATURE ON DOCUMENTS & MAKING AFFIDAVITS & SUBMITTING THEM.The electricity dept says the application for connection is missing & the PH dept isnt giving me the application or my father's letter for regularisation.
3.For 20 yrs,the PH dept has allowed commercial use of services availed for domestic purposes.
4.Inspite of my submitting information & agreement papers,the PH dept doesnt acknowledge the presence of the commercial organisation.
5.I asked for inspection/verification.2 inspections were held.In 1st inspection,the supply & use of water by the commercial organisation & its employees was termed DOMESTIC,but the Sewerage was labelled as commercial,citing that the connection is to that part of building where employees are staying.The commercial organisation is in possession of the water supply.
6.In the 2nd inspection,both the usage of water & sewerage were labelled as domestic,WITHOUT ANSWERING MY QSTN AS TO WHAT WAS THE IDENTITY OF THE USER & whether the PH dept recoverd any authorisation to stay at property from the user,given to him by the owner.
The firm carries on illegal commerce.
My queries are-
1.What are offences committed by the firm specific to the water usage(allowing commercial use of water & collecting rent for domestic category) last 20 years & under what laws/Sections of IPC are they punishable.
2.What are the offences committed by the PH Dept in causing revenue loss to govt(inspite of my information & willingness to pay the extra charges) & in giving false INSPECTION reports & under what laws/sections/IPC are they punishable?
3.Where should I file complaint-Court/Police/Specific authorities or all & under what law/sections should I ask for punishment?
4.What are the offences committed under RTI act?(The 1st appealate authority has also repeatedly denied information in the past.)
Kindly furnish point by point reply specific to offences mentioned here.(Both by tenant & PH Dept)
Asked 7 years ago in Criminal Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

Hii, the offence committed by the firm is under the electricity act , theft of electricity , you can provide a complaint to the electricity department .. The department has the power to conduct raid , and seal the electricity meter and impose heavy fine on the firm ...2) if you are able to proove that there is a link between firm and PH department in allowing illegal activity you can file a criminal case of 420,467, 468,471 IPC.. 3) for firm file a complaint in the water and electricity department and for tenant in the police

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1) The water utility can recover the losses by collecting a penalty, which will be the difference amount between the domestic and commercial tariff along with interest.

2) in addition it can file case of cheating against the firm under section 420 of IPC

3) if the PH department is hand in gloves with the offender and refuses to take action file writ in HC to direct it to take action against the defaulter

4) further concerned officers who are hand in glove with the offender can be prosecuted for entering into criminal conspiracy with the offender and for causing revenue loss to govt

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

Hello,

They have done theft of electricity as per section 135 of the Electricity Act and they are punishable, you must write a complaint to the concerned department.

Water utility can be recovered by the department and if by any chance the department refuses to do so or is acting in connivance with the firm then you can file a writ in the HC for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

1. cheating with conspiracy

2. You can prefer an appeal if they fail to provide information sought through RTI Act.

3. If authorities do not respond you may file a writ before high court.

4. You may consult a local advocate and with his help you may take up this matter legally.

T Kalaiselvan
Advocate, Vellore
88467 Answers
2396 Consultations

if no reply is given by department under RTI file appeal before SIC on account of refusal of department to provide information sought by you

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

1. If you dont get information or the authorities refuse to furnish the information, you may prefer an appeal and second appeal also if necessary.

2. What ever fault and crimes you have observed on the defaulter/offender, you may list it out on the basis of yor procurement of information o prove the offences committed and make a detailed representation accordingly.

T Kalaiselvan
Advocate, Vellore
88467 Answers
2396 Consultations

Ask a Lawyer

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