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Society NOC for electricity – Refusal for outstanding maintenance

August 14, 2025 legaldeli

judgment dated 23.6.2025 of the Maharashtra State Cooperative Appellate Court, Mumbai, in A.O. No.61 of 2024 of Jayesh Kantilal Barot through L.Rs. Vs. Secretary / Chairman Sunrays Shopping Centre Premises Coop Hsg Society Ltd.

In this case, the licensee did not pay the bills and the electricity was disconnected. After getting possession of the shop, the owner has applied for NOC from Society for installation of meter for sub-letting the shop.

The Society refused to give the NOC on the ground that maintenance bill of Rs.14,66,877/- of the shop is outstanding.

The owner has disputed the maintenance bill on various grounds including the ground that the society has included dues of builder prior to society registration and dispute is filed.

In that context, it was observed that the Society has not initiated any proceeding for recovery of maintenance charges and as per model bye-law No.43(1) and 43(2) the Society is duty bound to issue NOC. The subject is covered under model byelaw No.65(a)(x) and it is covered under the management of society under Section 91 of MCS Act.

In that context, it was HELD that on any condition the society shall not withheld NOC for essential service like electricity and if there is any outstanding maintenance, then the society to recover the same by filing proceedings.

In this connection, reliance was placed on the judgment dated 17.5.2024 of the High Court of Bombay in W.P.No.6549 of 2024 that mere existence of dispute between petitioner and society over entitlement to occupy the structure cannot be a reason to deny the basic amenity of electricity supply to the petitioner.

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