• Denial of rooftop solar installation by housing society

1. Background

I am an associate member and resident of Flat No. C-306 in Nileta Garden Co-operative Housing Society, Panvel (Maharashtra).

The subject of rooftop solar installation was discussed in the Annual General Meeting (AGM) held on 16 November 2025, wherein the Managing Committee (MC) informed members that they would consult a solar expert before taking a decision.

The AGM minutes were circulated on 21 December 2025, confirming the above.

2. Sequence of Events

09 February 2026: I sent a reminder letter to the MC referring to the AGM discussion and requesting permission for rooftop solar installation.

14 March 2026: The MC rejected my request, stating that the terrace is a common area and cannot be used by individual members.

14 March 2026 (same day): I replied with detailed clarification stating that:

I am not claiming exclusive ownership of terrace

Installation would be safe, removable, and compliant

I cited Bye-law 171, which permits solar installation

16–17 March 2026: The MC asked me to submit technical details.

17 March 2026: I submitted complete technical details covering:

Structural safety

Waterproofing

Electrical safety

Maintenance responsibility

30 March 2026: The society acknowledged receipt of my submission.

06 April 2026: The MC issued a final letter stating that:

Their decision is final

They will not reconsider

No further correspondence will be entertained

3. Key Legal Issue

As per Bye-law 171 of the Model Bye-laws of Co-operative Housing Societies (Maharashtra):

If any member wishes to install a solar energy system, space shall be made available on the terrace, and it shall be binding on the society to provide such space, subject to reasonable conditions.

Despite this provision:

The society has denied permission

No technical deficiency has been pointed out

My submission has not been evaluated

No opportunity for discussion was provided

4. Additional Points

I had also suggested conducting a Special General Meeting (SGM), but no such meeting was arranged.

The society did not appoint any expert despite stating so in AGM.

I had to engage a solar expert at my own expense.

The society’s decision appears arbitrary and not based on technical or legal reasoning.

5. My Queries

Whether the society’s refusal is legally valid in light of Bye-law 171

Whether I can directly approach consumer court for deficiency in service

Whether I should first approach Deputy Registrar under cooperative laws

What would be the most effective legal remedy in this situation

Whether I can claim compensation for delay and harassment

I would appreciate your guidance on the best course of action.

Thank you.
Asked 2 months ago in Consumer Law

3 answers received in 2 hours.

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6 Answers

1) Bye-law 171 explicitly states that if a member wants to install a solar energy system, it is binding on the society to provide space on the terrace, subject to availability.

 

2While the terrace is a common area, Bye-law 171 acts as a "legitimate diversion" from the usual restrictions on individual use of common areas for the specific purpose of renewable energy.

 

3) : Since you have provided technical details for structural and electrical safety and the society has not pointed out any specific technical deficiencies, a blanket "final" rejection without evaluation is arbitrary

 

4)File a formal complaint with registrar under the Co-operative Societies Act regarding the MC’s failure to implement Bye-law 171. You can use the Sahkar Samvad portal for online grievance redressal.

 

5)You can approach a Consumer Disputes Redressal Forumbecause the society provides services (maintenance) in exchange for fees, and refusing a legitimate facility permitted by law can be considered a "deficiency in service".

 

6)  You can specifically claim compensation for "mental agony" and financial loss (e.g., cost of the expert you engaged) in this forum.

Ajay Sethi
Advocate, Mumbai
100481 Answers
8216 Consultations

Under the Maharashtra Co-operative Societies Act and the Model Bye-laws, a housing society cannot arbitrarily block green energy initiatives without valid, documented technical grounds.

The by law 171 is a mandatory provision. The society has a statutory obligation to facilitate the installation. The society can impose reasonable conditions viz., ensuring no damage to the roof slab, maintaining access for water tank cleaning, but they cannot use these as a pretext for an outright ban. By declining to accept your request or evaluate your submission, the society (MC) has violated the law in this regard.

The Supreme Court and various State Commissions have held that a member of a Co-operative Housing Society is a "consumer" and the society is a "service provider.".

By Preventing a member from exercising his rights under the bye-laws (especially regarding amenities/infrastructure like solar) constitutes a deficiency.  The consumer redressal commission can award compensation for mental agony and harassment besides passing an order directing the MC to permit you install the desired solar panel as per the conditions, no doubt the entire process will be time consuming. 

At the same time you can even plan to exhaust the remedy available before the Dy. Registrar of cooperative societies for relief and remedy. 

Under Section 23 and Section 91 of the Maharashtra Co-operative Societies Act, the Registrar has the power to intervene when a society acts against its own bye-laws. You should file a formal complaint under Bye-law 174, citing the violation of Bye-law 171. The DR can issue a mandatory direction to the society to grant permission if they find the rejection was arbitrary.

Before that you can send a legal notice through a lawyer by  Registered Post to the Chairman/Secretary stating that you have complied with Bye-law 171, that the society failed to appoint an expert or hold an SGM as requested. You may give  them 7 to 14 days to provide a technical reason for rejection, failing which you will initiate legal proceedings at their personal cost.

Consult an advocate in the local and proceed as suggested 

 

 

 

T Kalaiselvan
Advocate, Vellore
90685 Answers
2523 Consultations

Yes you can approach consumer court as the terrace is common area and not the sole property of MC. 

Prashant Nayak
Advocate, Mumbai
35025 Answers
256 Consultations

Your reliance on Bye-law 171 of the Model Bye-laws (Maharashtra) is legally well-founded. The said bye-law creates a positive obligation on the society to make terrace space available for solar installation, subject to reasonable and safety-related conditions. In your case, the society has not pointed out any technical deficiency, nor has it evaluated your proposal on merits. A blanket refusal on the ground that the terrace is a common area is legally unsustainable, as the bye-law itself contemplates use of common terrace for such installations.
Accordingly, the refusal appears arbitrary, contrary to bye-laws, and liable to be challenged.
As regards the appropriate remedy, the most effective and primary forum in your case would be to approach the Deputy Registrar / Co-operative Court under the Maharashtra Co-operative Societies Act. This is because the dispute squarely arises out of enforcement of society bye-laws and actions of the managing committee. The Registrar has powers to issue directions and even set aside arbitrary decisions of the society.
Approaching the Consumer Forum is also legally possible on the ground of “deficiency in service,” however, in matters involving internal management of co-operative societies and interpretation of bye-laws, courts often prefer that the remedy under co-operative law be exhausted first. Therefore, strategically, the Registrar route is more appropriate as the first step.
You should file a formal dispute/complaint seeking directions to: allow installation of rooftop solar system, declare the refusal as illegal and arbitrary, direct the society to consider and approve your proposal within a time-bound manner.
Additionally, the facts of your case—such as ignoring AGM assurance, failure to appoint an expert, refusal without technical basis, and denial of SGM—clearly indicate malafide and non-application of mind, which strengthens your case.
As regards compensation, while you may claim it, the primary relief in such matters is usually direction to permit installation. Compensation for harassment may be considered, particularly if mala fide conduct is established, but it is generally ancillary.
In conclusion, the society’s refusal is not legally sustainable, and the most effective course of action is to initiate proceedings before the Deputy Registrar/Co-operative authority seeking enforcement of your right under Bye-law 171. Consumer proceedings may be kept as an additional or subsequent remedy if required.
Please feel free to reach out if you require assistance in drafting the complaint or representation.

Yuganshu Sharma
Advocate, Delhi
1388 Answers
5 Consultations

Dear Sir/Madam,

If your society’s registered bye-laws include Bye-law 171, a flat refusal only because the terrace is a common area appears weak; the official Maharashtra model bye-laws say terrace space for solar “shall be made available” as per availability, and in housing societies an associate member is also included within “Member” if duly admitted.

Your best first remedy is to approach the Deputy/Assistant Registrar under Section 154B-27 for directions against the society; if needed, a Section 91 dispute lies before the Co-operative Court. Consumer court is arguable because the Consumer Protection Act is an additional remedy, but it is usually not the most effective first forum for a bye-law/management dispute.

You may also ask for costs/compensation for harassment, but the main relief should be to set aside the refusal and permit installation subject to reasonable conditions.

Next step you may consider

Please file one detailed application before the Panvel Deputy Registrar under Section 154B-27, preferably with the main member’s consent/signature also, enclosing the AGM minutes, rejection letters and your technical report.

Saurabh Agrawal
Advocate, Greater Noida
102 Answers

Sir/Madam,

It is suggested that the society’s refusal is neither legally valid nor tenable  in light of Bye-law 171. So, instead of directly approaching the consumer court for deficiency in service, you are suggested to first approach the Deputy Registrar under cooperative laws and seek directions for the society and also claim compensation for delay and harassment. But, before going to that step send a legal notice to the MC society for doing the right thing and get the solar panel installed. 

Ganesh Singh
Advocate, New Delhi
7215 Answers
16 Consultations

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