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Mangaluru: Court orders apartment association to restore electricity to elderly couple's residence

  •   Fri, Dec 16 2022 02:30:41 PM

Daijiworld Media Network – Mangaluru (MS)

Mangaluru, Dec 16: The third additional civil and JMFC court of the city ordered owners’ association of a multi-storey building in the city to restore electricity to the apartment in which an elderly couple live. The electricity supply was cut off by the owners’ association for non-payment of maintenance charges.

The association had cut off the electricity supply on October 6, 2018, to the flat in which elderly couple Veena and Shantharam Prabhu lived, as they did not pay maintenance fee of Rs 26,650 in advance. The couple had to face hardship without electricity. Though the couple approached Mescom and other departments, their issue was not resolved. At last they sought the intervention of the court.

Now the court in its order has asked the association to restore the electricity. The court in its verdict said that cutting off electricity supply is the violation of fundamental rights. As the couple agreed in the court to pay the maintenance, they are eligible to get electricity supply.

The elderly couple Veena and Shantharam Prabhu have expressed joy at the verdict of the court.

 

 

 

 
  

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Comment on this article

  • Cynthia, Kodialbail

    Sat, Dec 17 2022

    It’s become common now a days to occupy the honorary posts in apartment complex through unethical means as the money involved is huge. They will ensure that the association is not registered as Co Operative Society as a result there is no monitoring Competent Authority and every matter whether it is small or big, need to refer to judicial courts. The builders and their agents promote the false theory of registration of Deed of. Declaration creates registration and body corporate status for the association., which is not true. In the absence of body corporate, there is no legal conveyance of project land happens in Karnataka unlike in Maharashtra and other states. All the lands are still under the name of builders inspire they have sold all 100% apartments and recovered their money. The authorities in Karnataka need to wake up from their long sleep and implement the laws and regulations in substance as-well in true spirit to protect the interest of home buyers. I support the brave elderly couple who are fighting their case against all odds.

    DisAgree Agree [11] Reply Report Abuse

  • Akash, Mangalore

    Sat, Dec 17 2022

    90% of the flats in Mangalore do not have an association due to no completion certificate, or encroachment issue. Before you buy an apartment, make sure that you verify all the documents. Don't fall for the marketing gimmicks like only 2 flats remaining etc..etc... It is better to invest in land in your village which is an appreciating asset rather than investing your hard-earned money in buying an apartment.

    DisAgree [1] Agree [19] Reply Report Abuse

  • Peter, Mangalore

    Sat, Dec 17 2022

    In mangalore it is difficult to run a apartment association, occupants of the building doesnot respect working committee. Maintenance fund is for maintaining and managing the existing facilities so everyone should pay the maintainence fee whether they stay in the building or not and any issues regarding the association working committee can fight in the court as for the procedure

    DisAgree [3] Agree [5] Reply Report Abuse

  • Veena Prabhu, Mangalore

    Sat, Dec 17 2022

    The news posted needs to hv more clarity. Owners to this apartment never denied paying but wanted to know the locus standi .authority under which act it's registered and functioning . There are lots of unanswered questions. Few mentioned below a) There are three associations in record b) no one knows where the Rs 5+ crores collected from all owners for maintenance deposit and separate meter disappeared. c) the office bearers are overstaying inspite of expiry of their tenure. d) no election since 3 years. e) no AGM or any apartment owner meetings since 4 years f) no audited accounts since 4 years. g) owners contribution is spent to fight multiple cases in court whereas the matters could have been resolved easily in the owners meeting, if the meetings are conducted They need to reply to these plus many more questions .. Painting makes outside beautiful but who will clean what is rotten inside ..that needs to b cleaned by someone ..it would be easy to pay and support corruption but difficult to fight back Pls don't just comment for the sake of commenting understand the purpose and root cause of the fight . The above article is written without contacting the petitioner of the case and understanding matters with lots of gaps in between words and sentences. The deposit is paid to the court and not to association . Order stated association should prove themselves and claim amount . In 5 yrs not a single document was gvn so hope we get some justice for ourselves and also for home buyers who are suffering in the hands of such non juristic so called associations who save the builder and retain the land in builders name for his great grand children and mint money in name of maintainence. I rest my comments

    DisAgree Agree [21] Reply Report Abuse

  • Dev, Mangalore

    Sat, Dec 17 2022

    You cleared all the doubts. If separate meters are there then if one pays to Mescom and Water dues separately to respective departments then the society has no rights to disconnect the connections other than alternative like generators and private water supply. And you have clearly brought out the big hidden fact of builders owning the land and flat owners are only owners of the space they occupy. In case earthquake demolishes the building only the owner has absolute right over the land,

    DisAgree [1] Agree [8] Reply Report Abuse

  • Anil, Mangalore

    Sat, Dec 17 2022

    In our building also we have the issue of non payment of dues , it is a good idea to have separate water meters for individual flats . As many owners are not paying their dues our generator is only for the common area lighting, pump and lift . I feel all flats in Mangalore should be registered and have strong laws like in Bombay so that legal action can be taken against those not paying dues.

    DisAgree Agree [9] Reply Report Abuse

  • John, Mangalore

    Fri, Dec 16 2022

    The couple has just agreed to deposit the maintenance amount in the court. Now, the defendant has to prove the legitimacy of their so called association, and whether they have the right to recover the maintenance money from the complainant.

    DisAgree [3] Agree [20] Reply Report Abuse

  • Dam, Mangalore

    Fri, Dec 16 2022

    Owners association do not have right to cut the electricity connection, it is provided by the govt. as per court's verdict it is violation of fundamental right... is their any provision to take action against owners association....?

    DisAgree [2] Agree [27] Reply Report Abuse

  • Veena Prabhu, Mangalore

    Fri, Dec 16 2022

    a) There are three associations in record b) no one knows where the Rs 5+ crores collected from all owners for maintenance deposit and separate meter disappeared. c) the office bearers are overstaying inspite of expiry of their tenure. d) no election since 3 years. e) no AGM or any apartment owner meetings since 4 years f) no audited accounts since 4 years. g) owners contribution is spent to fight multiple cases in court whereas the matters could have been resolved easily in the owners meeting, if the meetings are conducted They need to reply to these plus many more questions ..

    DisAgree [1] Agree [18] Reply Report Abuse

  • Sanjay, Mangalore

    Sat, Dec 17 2022

    If you don't pay the maintenance of the building then just because of you other apartments have to suffer, finally everybody will be affected. All services that is offered by the society to you, should be cut off, till they receive all the arrear due from you. There should be a legal ordinance to defaulters with penalties . If there is any Amount that is unaccounted then there should be a meeting done by all the members to form a proper society so that all issues can be taken care of. The people who took responsibility to maintain accounts should be taken to task and should be booked on the charges of fraud,in case there is discrepancy in accounting. People who find it difficult to pay should sell their apartment and live in affordable premises as per their income.

    DisAgree [7] Agree [1] Reply Report Abuse

  • Shivraj, Mangalore

    Fri, Dec 16 2022

    For the amount of suffering by way of blackout .. no lights etc and it is said luxury apartment .. could have at best paid /and asked for refund if truly eligible..... What was the amount .. not astronomical.. like a hotel room rent of say 7 days ... or at best foregoing some other non essential expenses .....more importantly health With all stress at old age .. why suffer on a. Basic necessity.. Eventually they paid after all suffering ....

    DisAgree [9] Agree [4] Reply Report Abuse

  • N s kamath, Mangalore

    Fri, Dec 16 2022

    As per my knowledge Builder hasn’t paid the so called Association formed by themself any lumpsum maintenance deposited collected by builder to so called association . Here association committe members do job without any remuneration ,to run the apartment daily expenses by collecting maintenance from residents If All the residents don’t pay maintenance by saying they have paid lump some to builder & builder hasn’t paid the same to association ,flats cannot be maintained , These couple should look to problem of other side also ,or else they hv to fight against the builder for not paying amount to the association .Even these association has done such a wonderful job by painting it ,no matter what ,now the apartment looks good now

    DisAgree [10] Agree [5] Reply Report Abuse

  • Cynthia, Dk

    Fri, Dec 16 2022

    As per the bye laws, if they paid the maintenance charges just like other occupants, they wouldn't have gone through all such headaches and problems....! They too agreed in the court that they are paying their maintenance......If every occupant, do not pay the maintenance and act stuubborn, how the society can run ????

    DisAgree [7] Agree [20] Reply Report Abuse

  • Vicky Raj, Mangalore

    Fri, Dec 16 2022

    if you really want to pay the maintenance fee, then why you wasted the precious time of court. Can you see their mobile (in photo) which they re charged with that candle.

    DisAgree [22] Agree [11] Reply Report Abuse

  • Peter, Mangalore

    Fri, Dec 16 2022

    In addition, they could have saved hefty lawyer fees and court expenditure. Most importantly, the hardship they have gone through could have avoided. While saying this, does court verdict means MESCOM has no right to disconnect the power from any home if owner fails to pay as electricity is necessity.

    DisAgree [14] Agree [19] Reply Report Abuse

  • Cynthia, Dk

    Fri, Dec 16 2022

    But MESCOM does the disconnection of the electricity bill, exactly after 2 or 3 days from the due date. Court says this way. Really confusing...

    DisAgree [1] Agree [16] Reply Report Abuse

  • Ronald, Mangalore

    Fri, Dec 16 2022

    As the couple agreed in the court to pay the maintenance, they are eligible to get electricity supply. So what has changed here? They could have very well avoided the hassels by paying maintenence charges to the association right

    DisAgree [11] Agree [50] Reply Report Abuse

  • DSR, Mangalore

    Sat, Dec 17 2022

    Readers, before making any comments please read what Veena Prabhu(Tenent) has said in the comments section. Now the so called illegal association should pay damages to these elderly couple.

    DisAgree Agree [7] Reply Report Abuse


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