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Gajendra   24 July 2019

Extortion by apartment association office bearers

Hello Experts,

I am staying at registered society in Bengalore. Society is registered at registrar office. I am religiously paying maintenance charges. Recently our EC(executive committee) proposed(In May 19) for Kaveri river water pipe line connection for society for which they provided estimated cost of approx 66000/- per 1105 sqft flat and asked to pay in three instalments. During proposing this they told that amount is tentative and may get reduce in future as BWSSB(The Bangalore Water Supply and Sewerage Board) will inspect for area of society and provide demand note(cost break up).

Even after three months of proposing this(In Annual Genral body meeting or AGM), there is no clue of inspection date and demand note. They have raised invoices(first instalment) of amount. As demand note is not generated and final amount is not yet cleared to us. I am not planning to pay this until demand not is generated. As this may block my money for unknown span of time.

Due to this they are threatening to stop all the services(maintenance related) for which i have already paid(maintenance fee). our Byelaws says that maintenance related services will be stopped if maintenance charges are not paid. But Kaveri connection comes under Capital expenditure which is not related to maintenance and Why i should pay when govt itself has not generated cost break up.

Could you please guide, What kind of legal options are available for me as this is purely extortion and mental harrassment. 



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 July 2019

I do not know under which law your Society is registered. But generally a Society can take action such as stopping maintenence for default of dues under any head. If you feel what the EC does is wrong you have to file a case in a court of law and get a stay order against the Association until the main issue of your case is settled.

Gajendra   24 July 2019

Point is, our ByeLaws nowhere says "EC can stop Maintenance if due from any head is not paid". It is clear for Maintenance charges. It means they are not abiding ByeLaws. We are not saying that we will not pay, but asking them to raise invoice after BWSSB's demand note is available. Without even inspection date they have generated invoice. How and what amount they have calculated no one knows.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 July 2019

What do your byelaws say regarding the action the Society can take to recover the dues?  If you do not pay Society can take action to recover the dues. Your reasons will not hold water in a court of law. The court will say that it would be a separate court. The Society cannot stop your maintenence service. But the remedy for you is, as already stated by me, in a court of law.

Gajendra   24 July 2019

Capex and Opex don't have any clause for stopping services. only Maintenance dues has clause to stop services. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 July 2019

You can go to court and on the basis of balance of convenience logic, pray for a stay of the action until the case is finally decided by the court.


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