Maintenance and Utility Disputes
Can society disconnect electricity or water to a member who hasn’t paid maintenance?
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Short Answer
No, a society cannot disconnect electricity or water to a member who hasn't paid maintenance.
Detailed Explanation
Rule 72 of the Gujarat Cooperative Societies Rules, 1965 prohibits the disconnection of essential services like electricity or water to a member for non-payment of maintenance. This rule ensures that basic utilities essential for daily living cannot be cut off due to financial disputes within the society. It emphasizes the importance of providing uninterrupted services to all members regardless of their payment status.
In practice, this rule means that even if a member falls behind on maintenance payments, the society cannot resort to disconnecting essential services as a means of enforcing payment. Instead, the society must follow legal procedures to recover the dues through appropriate channels without disrupting the member's access to basic utilities.
For example, if a member fails to pay maintenance for several months, the society cannot simply disconnect their electricity or water supply as a penalty. The society must send formal notices, escalate the matter through legal avenues, and seek remedies as per the cooperative society laws without resorting to service disconnection.
In real-world scenarios, disputes over maintenance payments are common in cooperative societies. However, the law safeguards members' rights to essential services by prohibiting arbitrary disconnections. This ensures that all members have access to basic utilities regardless of their financial circumstances.
Reference
Gujarat Cooperative Societies Rules, 1965: Rule 72
Official PDF
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