Karnataka court provides relief to senior citizens living without electricity

The homebuyers have lived in their flat in Maurishka Park in Mangaluru without electricity for five years.

The Karnataka High Court provided relief to a senior citizen couple whose electricity connection was disconnected in 2018 after they sought clarification on the legal existence of the owners’ association in order to continue paying maintenance charges.

Veena Shantharam Prabhu (56) and her husband, Shantharam Ramdas Prabhu (60) have lived in their flat in Maurishka Park in Mangaluru without electricity for five years, getting by with help from neighbours and using candles for light at night.

The couple stopped paying maintenance charges in 2018, claiming the owners’ association was not legally registered. The association then disconnected the power supply to the apartment.

"The association will restore electricity to the homebuyers on its own initiative and submit that before the closure of office hours on October 7, electricity will be restored," the Karnataka High Court said on October 6, passing a relief order.

On October 9, Prabhu confirmed to Moneycontrol that the electricity connection has been restored to her apartment.

Prabhu purchased the flat in Maurishka Park, developed by RK Builders, in 2008. Electricity supply for the condominium was obtained by the developer in 2014. The connection was transferred to the association in 2018.

Advocate Vittal BR, who represented the homebuyers, said the onus of proving the legal existence of the association was on them.

The matter has been challenged in a lower court in Mangaluru. The homebuyers contended that as per Section 56 of the Electricity Act, 2003, electricity cannot be disconnected for any reason whatsoever, except for non-payment of electricity bills/dues and other rightful dues to the Mangalore Electricity Supply Company.

The homebuyers deposited funds to the tune of more than Rs 5 lakh with the lower court to cover the maintenance arrears and advance maintenance charges till December 2023. Following this, they moved the Karnataka High Court for further relief.

According to Vittal, the Karnataka High Court said there needs to be a direction provided as a consequential relief since the homebuyers are senior citizens with several ongoing medical conditions.

The Karnataka High Court said the association can apply to the lower court for the release of the funds deposited by the homebuyers on the condition that their electricity supply is restored. It also added that it will be subject to the outcome of the lower court order that is still pending.