Society can cutoff basic services?
Rajendra Kothari
(Querist) 30 May 2017
This query is : Resolved
I am living in jamnagar at registered co.op. housing Society. Society had collecting maintenance charges on monthly basis, and it is paid by us time to time .
In 2012 Society had collect rs. 35000 per flat (total 36 flat) for renovation of all the the 3 buildings. I had paid rs.10000 as first installment after that renovation of my flat is not done properly so that I had protest and not paid remaining renovation fund. What ever maintenance charges was paid by me that the had consider as my part payment and they charge 1.5% compounded
interest monthly, my demand is that to complete incomplete renovation of my flat and I will pay my un paid part.
Now Society is giving me notice to pay all the dues with 1.5% compounded
interest monthly or otherwise we will cutoff your basic services like water supply and swiper service. Municipal water connection on my name and municipal water tax paid by me. Water connection is in common water tank.
In this situation can they cutoff my basic services? and what action I have to take? Please guide me.
Sudhir Kumar, Advocate
(Expert) 30 May 2017
Basically your contention is squarely wrong.
You have not even paid renovation charges and want your house first to be renovated and only then you will pay. You feel you are dealing with some local plumber or mason.
The society action is also wrong. They cannot cut water supply , in such case you can dial 100.
In that case they will be forced to abandon illegal move and consider legal options against you and lawyer will tell them legal way of recovering the money from you or to throw you out of the society membership.
Guest
(Expert) 30 May 2017
Several Queries from One Querist/Author
Guest
(Expert) 30 May 2017
Repeated Queries also Please
Guest
(Expert) 30 May 2017
Whether all are your own problems/issues
Guest
(Expert) 30 May 2017
How you are connected
Guest
(Expert) 30 May 2017
Repeated Please
Guest
(Expert) 30 May 2017
Narrate the Facts
Guest
(Expert) 30 May 2017
Discuss with Local Good Advocate
Guest
(Expert) 30 May 2017
Do Not Repeat Please
Guest
(Expert) 30 May 2017
Dear Rajendra Kothari,
Your query seems to be hypothetical and of an academic nature, rather than a real problem. A question arises, if as per your statement, "Municipal water connection on my name and municipal water tax paid by me," where the question of a common water tank of the society for all the flats arises, as you stated, "Water connection is in common water tank," and why not direct supply at your place?
However, if there is any truth in your story and also if you do not intend to pay the estimated renovation charges without completion of the job of your flat, do you believe that the society gets any grant from any sources other than than the maintenance or renovation charges from the members and should necessarily get the job of member flats completed pending recovery of payment from members only after the reconstruction/ renovation job is completed?
The society is right in not providing service to its defaulter.
Better make the overdue payment with interest, otherwise the interest burden may continue to increase by the passage of more time, which may cause more embarrassment to you later.
Rajendra Kothari
(Querist) 30 May 2017
Thanks, mr.Sudhi sir, I had already paid rs.10000 as first installment. I had not deny to pay renovation charge, but at that time I had ask Society to clear out the matter.I am regularly paying maintenance chare.
Thanks, mr. Dhingra sir, my statement, "Municipal water connection on my name and municipal water tax paid by me" and "Water connection is in common water tank, the water from common under ground tank and from there it supply to overhead through overhead tank supply to every flat."
Thanks all to guide me.
Sir I am not deny to pay out standing , my queries are
1) Can Society merg two accounts like maintenance charge and renovation charge accounts.
2) Society can change interest 1.5% per month as monthly compound interest?
3) Can Society cutoff basic services when I am paying maintenance charges regularly?
Rajendra Kothari
(Querist) 30 May 2017
Thanks, mr.Sudhi sir, I had already paid rs.10000 as first installment. I had not deny to pay renovation charge, but at that time I had ask Society to clear out the matter.I am regularly paying maintenance chare.
Thanks, mr. Dhingra sir, my statement, "Municipal water connection on my name and municipal water tax paid by me" and "Water connection is in common water tank, the water from common under ground tank and from there it supply to overhead through overhead tank supply to every flat."
Thanks all to guide me.
Sir I am not deny to pay out standing , my queries are
1) Can Society merg two accounts like maintenance charge and renovation charge accounts.
2) Society can change interest 1.5% per month as monthly compound interest?
3) Can Society cutoff basic services when I am paying maintenance charges regularly?
Hemant Agarwal
(Expert) 30 May 2017
1. Society CANNOT "cut-off" "ANY" services (whatsoever) to its members, irrespective of outstanding dues or whatever.
2. To recover outstanding dues, Society has to file relevant procedure of law, against its member. PERIOD.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 30 May 2017
Agree with Mr Hemant Agarwal
Guest
(Expert) 30 May 2017
Agree with Experts
Guest
(Expert) 30 May 2017
Agree with Experts
Guest
(Expert) 30 May 2017
Well Advised Please
Dr J C Vashista
(Expert) 31 May 2017
I respectfully disagree with expert Mr. Hemant Agarwal to a great extent in suspending services being provided to defaulter member(s).
The society has already passed the resolution to commence renovation work which was "unanimously" approved by the members and the society do not have any minting machine to produce money, in advance to take on the project, it is the members who contribute their share to undertake the (any) project/job.
In the same breath of the resolution the society approves the measure(s) to recover the money (with penalty) from defaulter member, which include coercive action to suspend services provided through society.
I agree with expert Mr. Agrarwal legally it is incorrect to disconnect water/ electricity supply or any other service provided through society even than the Managing Committee has no alternative but to use such tactics, which has silent approval of the members.
Guest
(Expert) 31 May 2017
Dear Dr. Vashista,
I endorse your views to the extent where you disagree with Shri hemant Agarwal. More so, Shri Hemant Agarwal has not provided any solution, what the author of the query should do as a remedy to his problem.
In my views, the query is quite hypothetical, when the querist says, " Municipal water connection on my name and municipal water tax paid by me. Water connection is in common water tank."
Question arises, if the connection in his own name, as installed by municipality, why that goes to common tank, not his individual tank. Also can a water tank contain 100s or 1000s of individual connections so may inlet pipes of all the members?
Also, how a municipal connection in his individual name can be cut by anyone else other than the municipality?
Dr J C Vashista
(Expert) 01 June 2017
Thank you very much Dhingra ji for endorsing my view.
I do appreciate your analytical acumen-ship qua the statement of water supply by municipality installing personal water meter but through underground tank of the Society, which is a contradictory statement in itself.
Guest
(Expert) 01 June 2017
Dear Dr. Vashista,
Thank you for your appreciation.
