• Can a mall maintenance agency cut off my office electricity?

I own an office in Omaxe Celebration Mall Gurgaon. 
The Maintenance of the Mall is in bad shape and there is a severe deficiency in the maintenance services and there is a massive unauthorised construction and heavy voilation of sanctioned building plans because of which I have stopped paying the Maintenance.

As far as my knowledge I am sure that my Electricity cannot be disconnected.

How can I take the help of Police in this matter?

Would highly appreciate the suggestions.

Vikas Gupta
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Hello Vikas , the managment can only file recovery suit in order to recover their due amount .. You can file a civil suit for permanent injuction in order to restrain them for disconnecting your electricity .. For further legal assistance you can visit my office in Gurgaon ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

Unauthorized/illegal construction is subject to Municipal corporation and not police.

Complain to authority.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

if you fail to pay maintenance recovery proceedings can be initiated against you

2)your electricity cannot be disconnected as it is an essential service

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. As per supreme court Judgement no tenant can be deprived of the basic facilities, like electricity, water etc, by the landlord and/or his agent with out due process of law.

2. The landlord and/or its maintenance agency shall have to file a money suit claiming the arrears of the maintenance from you with interest, damage and cost and with court direction can evict you from the said premises but under no circumstances can disconnect the electrical line of your rented premises.

3. You shall have to lodge a police complaint against the landlord and his said maintenance agency with evidence of the said disconnection and send a copy thereof to the local S.P./D.C having jurisdiction on the said police station.

4. If police fails or refuses to take any action with in next 7 days, file a Writ Petition against police inaction making the landlord and its maintenance agency as private parties, praying for direction upon the police to register FIR, investigate and based on your complaint and also direction upon the private parties to arrange to restore the electri connection of your premises within next 24 hours.,

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Please file a FIR in police

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Only electricity department after following proper procedure has right to disconnect electricity. Nobody has right to disturb your basic necessities of light water etc.

You can file a complaint with police as well as electricity department for unauthorized disturbance to electric connection.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is not a matter which the Police will entertain. Rather, send a legal notice to the Mall Maintenance Agency calling upon to forthwith restore your electricity supply.

File a case against them in case they fail to comply with your legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

A. As you said, Mall Maintenance Agency cannot be disconnected electricity or water connection as the maintenance amount is due. You can lodge the complaint against the Maintenance Agency.

B. Mall Maintenance Agency can be disconnected in the event of any repair work or maintenance is happening in that premises and any dues pending towards electricity bill. Since no power/right conferred by any Government Electricity Department or Board to the Mall Maintenance Agency that disconnection of the electricity is highly illegal.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

The police cannot interfere in this matter.

You may have to approach civil court with an injunction suit against the maintenance committee of the mall seeking to restrain them from disconnecting the electricity supply and also to restore the disconnection immediately

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

As per settled law basic necessities for existence of business, electricity connections cannot be discontinued. You may immediately approach High Court for necessary ex-parte mandatory direction to the management to restore electricity facility.

To claim arrears of maintenance they have only right to approach Civil Court and get it recovered but they cannot go for short cut methods like disconnecting electricity supply etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

You are suggested to serve a legal notice to the maintenance company.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

Police shall be of no help, since on non payment of the maintenance the mall maintenance agency has the right to cut your electric connection.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. "IF", the electricity company has provided you a separate electric meter and you are regularly paying the electricity bills, THEN nobody can disconnect your electricity supply.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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