If you are stuck in such a situation, here is what to do.
A few months ago, Mr. Sameer, a student preparing for competitive exams, moved to a rented 1 RK apartment in the city of Gyanpur. Last month, his landlord, Mr. Verma, presented him with an electricity bill of ₹3,660 for the preceding two months. Although Sameer found the amount suspicious, he paid it to avoid conflict. However, this month, he received another bill for the exact same amount, which raised a serious red flag as his electricity usage was minimal.
Upon inspecting the bill, Sameer noticed that while the consumption was only 152 units, there was a section titled “Other Charges” with an amount of ₹3,595. He initially thought it might be an unpaid amount from the previous month, but Mr. Verma denied this, insisting the charge was for the current month. To clarify, Sameer contacted the local power distribution company, “Gyanpur Electric Supply Ltd.” The customer service representative explained that this “other charge” was a recurring service fee related to the initial connection, which had been added to the bill every month since last year.
When Sameer confronted Mr. Verma with this information, the landlord became defensive and dismissive. He claimed to be a busy man with over 50 properties and had no time to discuss the matter. He arrogantly stated, “It’s your meter’s bill, and you have to pay it. I don’t know anything else,” before walking away. Sameer, being new to the city, felt intimidated and bullied. To complicate matters, he does not have a formal rent agreement, and all rent payments were made in cash. The only piece of information he possesses is the Consumer Account (CA) number for his meter. This situation has caused him immense stress, affecting his ability to concentrate on his upcoming exams.
Advice in such cases
Gather All Possible Evidence: Collect copies of the electricity bills, take screenshots of any digital communication with the landlord, and try to get a detailed statement from the electricity provider using the CA number. Even if you paid rent in cash, bank statements showing regular cash withdrawals of the same amount can serve as circumstantial evidence.
Communicate in Writing: Send a formal letter or email to your landlord detailing the issue with the electricity bill. Request a proper breakdown of the charges and a copy of the rent agreement. This creates a written record of your attempt to resolve the issue amicably.
Do Not Withhold Rent: Continue paying the base rent and the actual consumption portion of the electricity bill. Withholding payment can give the landlord grounds for eviction. Clearly state in writing that you are paying the undisputed amount and contesting the fraudulent “other charges.”
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
In such situations, several legal provisions can be invoked to protect the tenant’s rights:
Bharatiya Nyaya Sanhita, 2023 (BNS): If the landlord is intentionally deceiving you to extract money, it may amount to cheating. Section 318 of the BNS, which deals with cheating and dishonestly inducing delivery of property, would be applicable.
State Rent Control Acts: Most states have specific Rent Control Acts that regulate the relationship between landlords and tenants. These acts often have provisions against landlords overcharging for utilities or cutting off essential services. A complaint can be filed with the appropriate Rent Controller or tribunal.
Consumer Protection Act, 2019: As a tenant paying for electricity, you are a consumer. The landlord, by overcharging you, is engaging in an unfair trade practice and providing a deficient service. You can file a complaint in the District Consumer Disputes Redressal Commission.
If you are the complainant
If you are the tenant (the complainant) in this scenario, here are the steps you can take:
Send a Legal Notice: The first formal step is to have a lawyer send a legal notice to the landlord. This notice will state your grievance, demand a resolution (like adjusting the excess amount paid), and warn of legal action if the issue is not resolved within a specified period.
File a Police Complaint: You can file a complaint at the local police station for cheating under Section 318 of the BNS. While the police may initially view it as a civil matter, persistent follow-up and clear evidence of fraudulent intent can lead to the registration of an FIR.
Approach the Rent Controller: File a petition before the Rent Controller in your jurisdiction, highlighting the harassment and illegal charges being levied by the landlord.
File a Consumer Complaint: A complaint can be filed in the Consumer Forum against the landlord for deficiency in service and unfair trade practices.
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 fraudulent behaviour, your immediate focus should be on protecting yourself and asserting your rights:
Stay Calm and Document Everything: Do not get into a verbal altercation with the landlord. Keep your communication formal and documented. Record calls if legally permissible in your state, but written communication is always stronger evidence.
Separate the Disputed Amount: Pay the part of the bill that you agree with (your actual usage cost) and inform the landlord in writing that you are withholding the disputed amount pending clarification. This shows your good faith.
Seek Information Directly: Use the CA number to get historical billing data from the electricity company’s website or office. This will provide clear proof of when the “other charges” began and whether they are linked to your tenancy.
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
Often, the police may be reluctant to intervene in landlord-tenant disputes, viewing them as civil in nature. They might advise you to approach the civil court or the Rent Controller. However, you must firmly explain that the issue is not merely a dispute over payment but a clear case of fraud and cheating. If you present the evidence clearly (e.g., the bill showing fraudulent charges and the information from the electricity company), they are obligated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to register an FIR for a cognizable offense like cheating.
FAQs people normally have
What if I don’t have a written rent agreement?
Even without a written agreement, your tenancy can be established through other evidence like electricity bills in your name (or bills you have been paying), witness testimony from neighbors, or any bank transactions related to rent. An oral agreement is also legally recognized, though harder to prove.
Can my landlord evict me for complaining?
A landlord cannot evict a tenant arbitrarily. Eviction is a legal process that must be carried out through the courts. Complaining about illegal charges is not a valid ground for eviction. If your landlord tries to force you out, you can seek an injunction from the court.
Can the landlord cut my electricity supply?
No, electricity is an essential service. A landlord cannot cut off the electricity supply as a way to pressure you into paying a disputed amount. Doing so is illegal and you can file a police complaint and also approach the court for immediate restoration of the supply.
What evidence is required?
Copies of all electricity bills you have received.
A detailed statement from the electricity provider showing the billing history and explaining the “other charges.”
Written communication (letters, emails, WhatsApp messages) with the landlord regarding the dispute.
Proof of rent payments (bank transfers, or circumstantial evidence like cash withdrawal records).
A copy of the legal notice sent to the landlord and the postal receipt.
Any witness who can testify about your tenancy and the dispute.
How long will the investigation take?
A police investigation under the BNSS has defined timelines, but these can vary depending on the complexity of the case and the workload of the police. A criminal case can take time. However, approaching a Consumer Forum or Rent Controller can be faster for specific reliefs. The Consumer Forum, for instance, is designed for speedy redressal and you may get an interim order in your favour relatively quickly. A full resolution through any legal channel can take anywhere from a few months to over a year.
Advocate Sudhir Rao, Supreme Court of India