Short Answer

If a cooperative housing society fails to pay its electricity bill and the power supply is disconnected, individual members can directly approach the electricity company to request restoration of supply to their flats and also file a complaint with the Registrar of Cooperative Societies under the Gujarat Cooperative Societies Act, 1961 against the society’s managing committee for negligence and mismanagement.

Detailed Explanation

Under the Gujarat Cooperative Societies Act, 1961, the society’s managing committee is legally responsible for managing all common utilities — including electricity, water, and maintenance payments — on behalf of the members.

Failure to pay the society’s collective electricity bill constitutes mismanagement and dereliction of duty under Section 74 and Section 93 of the Act.

When such a default leads to a power cut, the members are not left without remedy. They have the following legal and practical options:

Approach the Electricity Provider:

Members can contact the power distribution company (such as Torrent Power or PGVCL) and request reconnection of individual meters or separate billing for their flats. Electricity companies are permitted to restore supply to individual consumers even if the society’s common connection is disconnected, provided the member clears their individual dues.

File a Complaint to the Registrar:

As per Section 93, members can file a written complaint to the Registrar of Cooperative Societies alleging mismanagement or dereliction of duty by the managing committee. The Registrar can order an inquiry under Section 86 and may take action such as suspension or removal of the committee.

Call for a Special General Meeting (SGM):

Members can demand a Special General Meeting under Rule 36 of the Gujarat Cooperative Societies Rules, 1965 to discuss the issue and pass a resolution authorizing immediate payment or legal action against the defaulters.

Seek Legal Remedy:

In serious cases where the committee refuses to act, members may approach the Consumer Grievance Redressal Forum (CGRF) or file a case under the Consumer Protection Act, 2019 for deficiency in service.

This process ensures that members’ essential services like electricity are protected, even if the society’s management fails in its responsibilities.

Real-world Scenarios

Scenario 1: The society fails to pay its common electricity bill for months, and power is disconnected. Members collectively approach the electricity company, which installs individual meters after approval, restoring power to each flat.

Scenario 2: The managing committee repeatedly defaults on payments. Members file a complaint under Section 93, leading to a Registrar-led inquiry and replacement of the negligent committee.

Scenario 3: A group of members calls an SGM and passes a resolution to pay the bill directly from the society’s reserve fund to avoid further inconvenience.

Reference

Section 74, 86, and 93 of the Gujarat Cooperative Societies Act, 1961: Official PDF

Rule 36 of the Gujarat Cooperative Societies Rules, 1965: Official PDF