Mumbai: The Maharashtra State Cooperative Appellate Court has pulled up Sunrays Shopping Centre Premises Co-op Housing Society in Kandivali for denying an NOC for electricity supply to a shop owner on the pretext of alleged outstanding maintenance dues of over Rs14.66 lakh.
The case was filed by the now deceased shopkeeper, Jayesh Kantilal Barot, currently represented by his wife Kamini Barot and daughter. The court, while allowing the appeal filed by Barot’s legal heirs, set aside the lower court’s order that had previously rejected the request for interim relief.
While allowing the appeal, the court directed the society to issue the NOC within eight days and to cooperate with the electricity department for meter installation and restoration of supply. The appellate court held that “electricity is an essential service and denying it would prevent the owner from using or leasing the shop, causing financial loss”.
The dispute began when the electricity meter of the shop was removed by the electricity department due to non-payment by the shop’s previous licensee. After regaining possession of the shop through a criminal court proceeding in 2022, Barot’s family approached the society for an NOC to reinstall the meter. However, the society refused, citing pending maintenance dues, including disputed charges reportedly linked to the builder.
Advocate Vikas Mishra, appearing for the appellants, cited a Bombay High Court ruling that disputes between a member and a society cannot justify denying such a basic amenity. The society however defended its decision, claiming the dues must be cleared before any such NOC can be issued. It argued that the relief sought was not properly pleaded in the main dispute and was therefore beyond the court’s scope.
Citing model bye-laws and relevant provisions of the Maharashtra Co-operative Societies Act (MCS Act), the court ruled that issuing an NOC for electricity falls within the society’s management responsibilities. It also noted that refusal in such cases is not legally sustainable.
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