Mangaluru: HC dismisses plea questioning power cut for maintenance non-payment


Daijiworld Media Network - Mangaluru (SP)

Mangaluru, Sep 24: The state high court has quashed a petition that had questioned the action of the flat owners association in severing power supply to a flat for non-payment of maintenance charges.

A resident of an apartment complex here, Shantharam Prabhu, had filed the said petition questioning the right of the association to cut off the power supply. The single judge bench of the high court presided over by Justice Suraj Govindaraj which heard the petition, dismissed the same.

The bench observed that the petitioner was not in order in seeking relief under section 13 of The Karnataka Ownership Flats (Regulation of the Promotion of Construction, sale, management and transfer) Act 1972. The bench observed that the procedure adopted in claiming the relief is faulty and said that the lower court was right in dismissing the petition.

Shantharam Prabhu had acquired the flat in October 2014. The owners’ association had cut off power supply to Prabhu's flat, pointing out that he was not paying the maintenance charges. Shantharam Prabhu had filed suit against the association.

  

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Comment on this article

  • K V Narayanan, Mangaluru

    Sat, Sep 25 2021

    The Hon High Court is just and correct in giving the judgement upholding thr great Principle of Natural Justice" The person coming for justice must come with clean hands. " Without paying the assessed maintenane charges one can not claim to get the benifits. If every body chooses not to pay the maintenane charges how can the managing committee run the activities of the Association.? As the learned justice, has observed the Act also has provided provsions in the Act, for enforcing the payment, and so this judgement will go a long way to help any Association to collect the overdues of the maintenance expenses from the defaulted members of Apartment Associations.

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