• Disconnection of electricity supply

I am in possession of a flat after paying 90% of the agreed amount.Afterwards the seller demanded an huge amount of additional amount prior to registration.The seller harassing me in different way.
now my question is: I am in possession of the flat and the possession was given by the flat owner. On yesterday personal from Calcutta Electricity Supply Corporation has come to disconnect my connection.The owner written a letter to the electricity supply company to disconnect the line. The supply line is still in the the name of the owner.It is quite in knowledge of the owner that I am living in the flat. What can I do at this moment. Police is not co-operating.The have taken a G.D. only. No F.I.R.
Asked 5 years ago in Property Law
Religion: Hindu

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24 Answers

You need to file suit against owner for breach of contract because initial agreement to sell  consideration has been denied by the owner and demanding huge amount illegally. 

 

Secondly, if you have paid electricity bill amount regularly than they can't cut the power supply.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have to take caveat against electricity officer from court and produce your agreement to sale.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you can issue seller legal notice to execute registered sale deed in your favour 

 

2) mention that 90 per cent payment made and willing to pay balance amount at time of registration of sale deed 

 

3) also call upon him to restore electricity connection disconnected by him 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

File a case against the seller for specific performance in the civil court .

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

In case 90% amount has been paid by you as per the sale agreement and possession is delivered to you, you may get the agreement specifically enforced in the court.  You may also make  Calcutta Electricity Supply Corporation as a party and take permanent and mandatory injunction from the court for directing them to restore the electricity and restraining them not to disconnect the electricity till the pendency of the suit.   Hurry.  Contact a local lawyer and take immediate action.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Have you executed the sale deed ?

Just inform them that you have purchased the flat and apply to transfer connection in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- As per Supreme Court, Nobody is entitled to disconnect or suspend common amenities including water supply, and only can issue a legal notice to the defaulter and if he/she does not pay the same, then approach the court for recovering the dues of maintenance. 

- Hence , the said seller cannot disconnect the electric supply , when you are in possession of the flat . 

- Since, police cannot co-operate with you , as this type of matter not came in his jurisdiction , , then you should lodge your complaint before the electricity department .

- If no response , then file a case before the court for getting direction to connect the electrify in your flat. 

- Further , as you have already paid him 90 percent amount , then send him a legal notice for registering the sale deed in your favour. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Electricity department has no right to disconnect the electricity , they can only in default of the payment so first get inquire what is the position of the payment , if there is nothing then move to the consumer court against the department , also claim damages to the tune of 50 Lac for harassment and inconvenience caused to you immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Go for 156(3)CrPc in court for getting the FIR done.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Electricity is one of essential services of life of human beings. 

Please approach Kolkata High Court for writ of Mandamus directing the owner and Electricity Companies to follow due process of law.

Owner and Electricity Company have no rights to disconnect the supply of electricity of a person occupying flat who is not even owner on the record. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You may also file suit for injunction and declaration of title under section 34 ,37 and 38 of Specific Relief Act against the seller who has already received 90 % cost of the flat.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Write to CESC attaching the agreement for sale and possession letter informing them that you are already in possession of the said flat.

 

2. You have not mentioned whether the electricity has been disconnected or not.

 

3. If not then ask them not to disconnect it and also a meter in your name based on the  agreement for sale and also the possession letter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. CESC did not know that you have purchased the flat.

 

2. Inform them to restore the connection and fix the meter in your name.

 

3. You have already reported the matter to police.

 

4. Basic facilities can not be withdrawn from the resident in any way.

 

5. You can file a Writ Petition against police inaction adding CESC and the seller as the necessary private parties  seeking direction upon CESC to restore the line fixing the meter in your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir/Madam,

It is suggested that  you serve the legal notice against the said person and then file the case of the specific performance. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You file an injunction suit and obtain a temporary injunction immediately restraining the authorities to disconnect the power supply since you have are residing there.

The police will not cooperate in the civil matter.

You have to approach civil court only as suggested.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

You were advised to approach court with a sit for injunction on the basis of the evidence of yor possession of the property.

The owner cannot do any such act as per his fancy and whims.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

A suit must be filed for performance of contract against the seller. A FIR must also be lodged for criminal intimidation and extortion and breach of trust cheating.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should file a case with the consumer forum making the electricity department and the seller as a party.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As advised earlier filing a writ petition can end your turmoil. 

If you can afford to wait then file civil suit for specific performance of contract and injunction. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You should file a suit for specific performance against seller under specific relief act and also pray for stay on disconnection of electricity for which application is given to electricity department just for harassing you.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can issue legal notice and demand for specific performance or returning of advance amount with interest and cost.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can go to court for staying the same and seek injunction

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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