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Neha (Software Engineer)     05 April 2020

Can aoa can disconnect electricity

Hi All,

Our society maintenance team has kept a limit of -2000 for prepaid meters. Even though I have charged our account with 10000 plus as both maintenance and electricity bill is clubbed. But, many times, the maintenance team doesn't provide the maintenance bill on time (i.e. before 5th of the month) and expects us to recharge our meters and incase it exhausts, or simply disconnects our electricity.

Firstly, is it legal to ask for maintenance and electricity in advance? They say it is the "Pay as You Go" service.
Secondly, is it legal to disconnects a resident's electricity when the resident doesn't pay the bill and if the bill is not available on time? 
(They have Xenius App provided which gives an estimate of the consumption but not the complete details.)



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     06 April 2020

When you are living in a society, by all means avoid frictions and toe the line of others as they are not looting you and acting for the benefit of all the residents.  Without issuing notice and making a demand, disconnecting electricity (Essential Service) is not proper.

 

P. Venu (Advocate)     06 April 2020

Who is providint the supply of electricity - is it the Society? If so, are they authorised under the Law to distibute electricity?

Neha (Software Engineer)     06 April 2020

Thank you all for your reply. We don't have government meters installed though we fought for the same but builder never agree to do. We have private meters installed by the builder but I suppose it should be mandatory to provide the monthly bill on time even though they have prepaid meters installed.

Dr J C Vashista (Advocate)     07 April 2020

You are a member or occupier (such as tenant, relative, licencee) of the flat in Society ?

Whether the Society is a coopertive or any other type to ascertain applicability of law governing subject matter ?

Is there any resolution passed by General Body Meeting of the Soceity to install pre-paid electricity meters for each individual flat?  

Dr J C Vashista (Advocate)     07 April 2020

There is no illegality / legal infirmity in adopting resolution qua installation of pre-paid electricity meter(s) in the Society.

 

Neha (Software Engineer)     07 April 2020

Sir, I am a resident occupying the flat. The builder's name in 3C Lotus Boulevard, Sector 100, Noida and I am not sure if it is a cooperative society.

Earlier, we didn't have prepaid meters but when AOA is formed, they converted all the meters to prepaid meters and installed Xenius App to provide us the balance amount. The point is, many societies do have prepaid meters but they don't pay maintenance in advance.

They use the disconnection of electricity as a tool to threaten to pay the maintenance even though their services are not good. They are already charging 3.7/SQFT (including water and grid charges) plus the electricity whereas their services are not at basic.

On asking maintenance bill they simply say it would come when it is generated and don't share any timeline. It's like "we will do whatever we want, you keep paying maintenance".

 

A few days back, our neighbors (who is a senior citizen) electricity was cut and they were asking to come and pay the bill at the office during lockdown. Then after one hour of multiple calls, they agreed to come to their house to take the money.

P. Venu (Advocate)     08 April 2020

By the way, what do you mean by AOA?

Neha (Software Engineer)     11 April 2020

AOA is a team formed by the residents after voting and they are taking care of the maintenance of the society with the help of third-party vendors. In Noida, most of the society is being taken care of by AOA (team of society residents).

P. Venu (Advocate)     11 April 2020

What does A, O, and A stand for? What is its legal status? When the querist herself is not sure of the facts, how can third person make any meaningful suggestion?

Former Adjunct Prof Kaul   20 February 2023

A. O. A is 

Apartment owners association. 

I am facing the same issue of grid electricity cut for 5k negative balance in sector 93. 

The b. O. M has the right to charge interest and cut the d. G backup or intercom for default but should not be allowed to cut grid power since that amounts to extortion 

Sudhir Kumar, Advocate (Advocate)     21 February 2023

is OA registered?

 

If so what are the terms?


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