ABDUL SATTAR KHAN Vs. APCPDCL

JUDGEMENT

(1.) There is a relationship of landlord and tenant between a member of Garden Towers Owners Society, respondent No. 4 and complainant/petitioner Dr.Abdul Sattar Khan, in respect of the apartment bearing No. 604, Rose Block, Garden Towers, Masab Tank, Hyderabad. Lease Deed dated 5.10.2007 was also executed. Previously the respondent No. 4 used to charge maintenance charges at the rate of Rs. 550 per month. Subsequently, it was enhanced to Rs. 700 per month. The petitioner disputed the enhancement but kept on paying the monthly maintenance charges at the old rate of Rs. 550. The petitioner is disputing the enhancement and is seeking the remedies available under the law against respondent No.4. RespondentNos. 1,2 and 3 i.e. Superintending Engineer, The ADE and The AE, respectively, provide electricity to the above said apartment. The petitioner's electric meter which is at the ground floor complex is under the lock and key of respondent No. 4. Respondent No. 4 while working in Cahoots with respondent Nos. 1, 2 and 3 illegally disconnected the power supplied to the flat of the petitioner. Police report and protest were lodged but those did not ring the bell. The petitioner has lawful right to have regular power supply. This is a clear case of deficiency in services and respondent No. 4 did not have the right to raise the maintenance allowance, therefore, the complaint was lodged with the District Forum.

(2.) The case of the respondent Nos. 1 to 3 is that they have no concern with the dispute pending between the respondent No. 4 and the petitioner. All the meters including the meter of the petitioner are fixed on the penal board pertaining to the entire complex at the ground floor which is under the lock and key of the society. The respondents have never disconnected the meter.

(3.) According to the respondent No. 4, the petitioner being a tenant is not the member of the society. If the tenants have got some complaint, they must approach the society through their owners/landlords. The residents are bound to pay the maintenance charges.