If you are stuck in such a situation, here is what to do.

My two brothers and I, all students, rented a 2BHK flat in the city of Amanpur about seven months ago. The rent was agreed at ₹15,000 per month, with a one-time brokerage fee of ₹7,000 and a security deposit of ₹15,000. For the first few months, things were manageable. The landlord, Mr. Sharma, and his wife would visit frequently, often making comments about the cleanliness of the flat, which we tolerated politely.

Our rental agreement clearly stated that electricity and water bills would be payable as per the meter readings from Amanpur Power Ltd. and the municipal water department. Given the state’s subsidy on electricity, we were careful with our usage, mainly using fans, lights, and a washing machine. For the first four months, we received no bills, which we attributed to the subsidy. Then, a bill of ₹350 arrived. When we informed Mr. Sharma, he told us not to worry and that he had already paid it.

The situation took a strange turn when we noticed the water motor running even when the switch in our flat was off. Mr. Sharma evasively explained that the flat above ours, a 1BHK unit, was connected to the same motor. We started to suspect that the utility connections were shared. This was confirmed when we received a sudden electricity bill of ₹5,000. We knew this was impossible for our consumption. The tenant on the floor above, a working professional named Sandeep, used an air conditioner constantly during the hot summer months. It became clear that we were being billed for his usage as well. We later discovered that the upper floor was an unauthorized construction, which is why it lacked a separate government-approved utility meter.

We insisted on a separate sub-meter, which the landlord installed after a 15-day delay. However, just 21 days later, another bill of ₹5,200 came for the main meter. Mr. Sharma demanded we pay a significant portion. Based on our sub-meter, our usage was minimal, amounting to only about 150 units for the month, which would fall under the subsidy and result in a zero or negligible bill. We tried to reason with him, but he and the broker, Mr. Khanna, became aggressive.

They started threatening us, saying things like, “You will have to vacate immediately! We will put a lock on your door. We already have your security deposit, so we don’t care. We will cut your electricity connection. You will pay the full amount and get out!” We were shocked, as we had simply asked him to be transparent about the shared connection from the beginning, which would have allowed us to budget for the extra cost.

After this confrontation, we spoke to Sandeep, the tenant upstairs. He was a reasonable person and revealed that Mr. Sharma had been manipulating both parties. He showed us forged electricity bills the landlord had given him, and confirmed he had been paying the entire amount for months. Mr. Sharma had warned him not to talk to us, claiming we would try to turn him against the landlord.

Fearing for our safety and studies, and knowing the landlord could use his local influence against us, we were hesitant to escalate the matter. However, I had discreetly recorded the entire conversation where the landlord and broker threatened us. With our notice period ending and the landlord refusing to adjust the last month’s rent against the security deposit, we decided not to pay the rent until the matter of the fraudulent bills and our security money was resolved.

Advice in such cases

• Stay calm and do not engage in any physical or verbal altercations. Your safety is paramount.
• Document everything. Keep a copy of your rent agreement, all payment receipts, and any communication (texts, emails) with the landlord.
• Do not vacate the premises under duress or illegal threats. A landlord cannot evict a tenant without following the due process of law.
• Secure your belongings and keep important documents, including a copy of the evidence you have collected, in a safe place outside the rented premises.
• Try to communicate with the landlord in writing (like email or WhatsApp) to have a record of all conversations.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such disputes often involve both civil and criminal elements. The following sections of the Bharatiya Nyaya Sanhita (BNS), 2023, may be applicable:

• Section 351 of BNS (Criminal Intimidation): This applies to the threats made by the landlord and broker to illegally evict you, lock the premises, or cause harm.
• Section 318 of BNS (Cheating): This can be invoked if the landlord has dishonestly induced you to pay money by providing forged bills or by concealing the fact of a shared electricity meter.
• Section 338 of BNS (Mischief): If the landlord acts on his threat and cuts off essential supplies like electricity or water, it constitutes the offence of mischief.
• Section 361 & 362 of BNS (Wrongful Restraint and Wrongful Confinement): If the landlord locks you out of the flat, it amounts to wrongful restraint. If he locks you inside, it is wrongful confinement.
• The State Rent Control Act: The civil aspect of the tenancy, including eviction procedures and the security deposit, is governed by the specific Rent Control Act of the state where the property is located.

If you are the complainant

As the tenant who has been wronged, you are the complainant. Here are the steps you should take:

• Gather all your evidence, including the rent agreement, payment records, photos of the meter, and the audio recording of the threats.
• Send a formal legal notice to the landlord through a lawyer, detailing the grievances and demanding a resolution (e.g., refund of excess money paid, clarification of bills, and assurance of no further harassment).
• If the threats continue or the landlord does not respond, file a formal police complaint detailing the criminal acts of intimidation, cheating, and mischief. Provide the police with all the evidence you have collected.
• If the police are unresponsive or refuse to file an FIR, you can file a private complaint before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of such harassment and threats, your immediate focus should be on safety and securing your legal rights.

• Do not give in to illegal demands. You are not obligated to pay for electricity you have not consumed.
• Continue to occupy the flat peacefully. A landlord cannot legally throw you out on the street. Eviction requires a proper court order.
• Keep a log of all incidents of harassment, noting the date, time, and nature of the incident.
• Ensure you have the contact information of the local police station and a lawyer readily available.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police often view landlord-tenant disputes as civil matters and may be initially reluctant to intervene. They might suggest that you approach the court. However, you must firmly and clearly state the criminal aspects of your complaint, such as criminal intimidation, cheating, and threats. If you provide clear evidence of these criminal offenses (like an audio recording), the police are obligated to register an FIR and investigate the matter. Persistence and clarity are key when dealing with the police in such situations.

FAQs people normally have

Can a landlord cut off my electricity or water supply?
No. It is illegal for a landlord to cut off essential services like electricity or water to force a tenant to vacate or pay disputed charges. This action is a criminal offense under Section 338 of the BNS.

Can the landlord evict me immediately without any notice?
No. The landlord must follow the due process of law for eviction, which involves sending a legal notice and obtaining an eviction order from a competent court. He cannot forcibly remove you or lock the premises.

Is an audio recording of threats admissible in court?
Yes, an audio recording can be used as evidence, provided it is authentic, has not been tampered with, and the voices can be clearly identified. It serves as strong corroborative evidence for your complaint of criminal intimidation.

What can I do if the landlord refuses to return my security deposit?
A landlord can only deduct money from the security deposit for unpaid rent or for damages to the property beyond normal wear and tear, and they must provide a proper account for such deductions. If they refuse to return it illegally, you can file a civil suit for recovery of the money or include it in your legal notice.

What evidence is required?

To build a strong case, you should gather the following evidence:

• The Rent Agreement: This is the primary document establishing the terms of your tenancy.
• Payment Receipts: Proof of all rent, security, and brokerage payments made.
• Utility Bills: All electricity and water bills you have received.
• Sub-meter Readings: Photos or a log of the readings from the separate meter, if installed.
• Communication Records: Screenshots of WhatsApp chats, emails, or any other written communication with the landlord.
• Audio/Video Recordings: The recording of the conversation where threats were made is crucial evidence.
• Witness Testimony: The statement of the other tenant (Sandeep) can corroborate your claims about the shared meter and the landlord’s fraudulent behavior.

How long will the investigation take?

The duration of a police investigation can vary significantly. If a First Information Report (FIR) is registered, the police are expected to complete the investigation and file a final report (chargesheet) within 60 to 90 days. However, delays can occur due to various factors like the complexity of the case, the workload of the police, and the cooperation of the parties involved. A lawyer can help in expediting the process by regularly following up with the investigating authorities.

Advocate Sudhir Rao, Supreme Court of India