Electricity cut by the society


Hi 

   i am staying in an apartement for past 4 year on leave and license basis in mumbai, i had very good relationship with tghe society the original ownner on the flat does not come to attand any society meeting, inspite of the constant reminder and he is not pying the maintance charges to the society,now its acuumalated up rs 60,000 ,today all of a sudden the society people disconnected my electricity and forced me to pay them the post dated cheques to them and told me to adjust the amount in the rent from the owner , hence my question are as follows

1. Does socites the society have the right to disconnect the electricty without giving any notice.

2.Does society have any right to disconnect the electricity .

please help me by your advise

THanks

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  IF there are outstanding arrears of a member, THEN a CHS has to file recovery proceeedings with the cooperative registrar.  There is no other remedy to a CHS for taking any other action, under the law.


2.  It is a criminal offence to disconnect electricity & water supply to a members house, IRRESPECTIVE OF ANY OUTSTANDING ARREARS / DUES.  A licensed tenant or a registered member may lodge a police complaint for such criminal intimidation tactics, against the managing committee of the CHS.


Keep Smiling .... Hemant Agarwal 

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

"Keep Smiling..... in darkness ? "   .    Mr.Himanshu Shukla,  can you state as to whether the electricity connection in the house was in your own name and you have a power supply agreement with the local Electricity Distribution Company or not ?   In the normal course, electricity connections are given in the name of the tenant/lawful occupier/owner of the building  and if there are outstanding electricity dues, the electricity company is justified in disconnecting the electricity connection after giving due notice.  Therefore, unless exact facts are made known on the above aspect, it is difficult to give clear opinion on such issues.   I have yet to see any provision under which disconnection of electricity & water supply by the respective Supplier on account of outstanding arrears, after following due procedures under the law, shall amount to commission of criminal offence as stated by Mr.Hemant Agarwal.  If possible, he may kindly enlighten further on this with authoritative backing for this view.

 
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ha21@rediffmail.com Mumbai : 9820174108

to  Mr. A.A.JOSE BARODA (LEGAL ADVISER)


1.  It does not require "darkness" or "daytime" or whatever, to  "Keep Smiling".   UNLESS OFF-THE-COURSE Mr. A.A.Jose has a static smile which requires Electricity power to  "Keep Smiling". (pun intended)


2.  Mr. Jose, further you will naturally find it difficult AND you won't be able to give a "clear opinion of such issues"  SIMPLY because YOU have not read the query put by "Himanshu shukla" wherein he states that the SOCIETY "maintance charges is not paid to the society,now its acuumalated up rs 60,000".   
a)  NOTE :  Here the society is not the "Electricity provider"  AND neither the "society maintainence charges"  here means the "electricity charges"  AND neither the society can provide or charge for any electricity charges to a flat owner.  Electricity is provided & charged by the Electric companies and not by the society.
b)  FURTHER NOTE :  Mr. Himanshu Shukla, is a L&L tenant and not the owner of the apartment, and neither he can own a electricity connection in his own name.


3.  It is absolutely a legal nuisance & criminal intimidation to "disconnect electricity"  by society members to force a resident to pay the "society maintainence charges", which is akin to "extortion".
QUESTION TO MR. JOSE : 
a)  Please cite any reason as to why the society people can disconnect electricity to recover society charges.
b)  DID the society provide / supply electricity to the flat owner or L&L tenant.  IF NO, then under which jurisdiction the society can disconnect "electricity supply" to the flat.


4.  Supply of Water & Electricity is covered "as a public service" and is under the parameters of the "Essential Services Act",  and it is a criminal offence, punishable by imprisonment, IF such disconnection of the Essential Services is done, by private persons, other than the competent authorities after following due procedures of law.


Mr. Jose, IF permitting, try to improve your face value, by smiling naturally, even in the darkness.


Keep Smiling .... Hemant Agarwal

 
Reply   
 
LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Unless basic facts sought in my previous comments are furnished by the querist Mr.Shukla, it is too premature to  opine further in the matter.   Perhaps Mr.Agarwal has not appreciated my views in proper perspective while it is nice to note his pun.  However, he may kindly note that I have given comments after due consideration of all points and on proper reading of the query too.  Even the factual position on  each of the points raised by Mr.Agarwal  are relevant which need to come from the querist.    Kindly note that  lawful exercise of power by the Electricity/Water Supply Service Providers cannot be criminal offence and I will be thankful if Mr.Agarwal can enlighten on this issue with any case-law.  Further, I am also aware of the fact that at many places the Housing Societies/Flat Owners obtain single point power supply from the  local Electricity Distribution Company and thereafter the later enter into individual  power supply agreements with the Members of Housing Societies/Flast Owners Association,etc., in which case, such Housing Societies/Asso ciations have right to disconnect electricity connection of the Members if and when breach of the  terms & conditions of thepower supply agreement occurs, after following due procedures under the law.  It is, therefore, that  complete facts are imperative before opining on such issues. 
 

 
Reply   
 

Hi I am living in a society in Gurgaon, where they have given us prepaid meters, the society is forcefully giving us backup electricity more and state electricity less. also, society disconnects the electricity of any resident without prior notice. also, the society does not allow residents to use invertors or any battery setup for energy back up.

what all legal options i have against the society

 

best regards

arun

 
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