Complaint against Flat Owner's Association

In a flat in Chennai water supply was disconnected for alleged non-payment of dues. The flat owner approached the jurisdictional civil court and got an injunction against the association on the same day ordering them to restore the water supply.

You have not stated what was the resolution painted on the entrance wall. Who passed the resolution, the Managing Committee or the General Body? Resolutions passed will not be added to the byelaws. Only amendments to the byelaws will entered in the byelaws. A special majority such as 2/3, 3/4 or 4/5 majority will be required to amend the byelaws. Also such amendments will have to be approved by the Registrar.

Deflating tyres is a criminal offence and you can complain to the police. Is there a byelaw or a resolition saying that they will deflate tyres?

Penalty can be collected for delayed payments provided  there is provision in the byelaws for the same.

Under which Act is your association registered?

Thanks a lot sir! It is really really very useful...

The resolution painted on the wall stated that "The waterline of one who irresponsibly let the water overflown will be disconnected without any intimation. To get it reconnected, one has to pay Rs.1500" (in Tamil)

But, this is an amendment and the previous Association Members have lost the Minutes of the meeting of this GP amendment. Therefore, it was not registered by the Registrar and so not added in the byelaw. 

There is no byelaw for deflating tyres.

Our Association is registered under 1975 Society Act.

Please let me know what other information should I give.

Really I appreciate the time you spent for me.

Thanks sir and hope to hear from you.

Regards,

Murali

 

Law of natural justice requires that the Association should give you notice before cutting water supply. If, for any reason, they could not give you the notice, they should inform you in writing after the event. If the byelaw has not been submitted to the Registrar it is no byelaw at all and you have good case, Have you paid Rs.1500/-?  If not you can go to court, as I said earlier, and get reconnected. You will have to spend much more than Rs.1500.

Thank you very much sir...

I haven't paid Rs.1500 still sir..

Anyway, I have decided to go to the Society Act. which is at Saidapet according to previous team's advice. (Please let me know whether it is useful)

Regards,

Murali

I think the Registrar under the Societies Act is the Charity Commissioner. I do not think that you will get anything from his office. You may have to go to court only.

You are right sir...today I went there and no use. They clearly told that they can't do any help.

Do you have any idea what the Court will charge? What about consumer court? I hope if the judgement is favourable to me, then the court fee will also be returned to me (from the Association)

One more thing sir...I suspect these people do this practice in the locked apartments with the help of plumbers wantonly. So, I really want to give them a big hit and want to make them stop since so many senior citizens here were affected by this law.

The courts will not charge much. But the lawyers will charge you heavily. Their charges may be in multiples of Rs.10000/-. Here in Mumbai members of Co-op. Housing Societies have gone to consumer court against the Societies. You can cite that if necessary. In consumer court also you will have to pay the lawyer if you engage one. If you can fight your own case you may have to spend a few hundred rupees only.  Your aim should be to get a written reply from the Association. You write to them and get a written reply from them. You may approach a lawyer there and ask him how much he will charge to send a lawyer notice. You can also ask him how much it will cost if you go to a civil court or a consumer court. Consumer court may not order injunctions to restore water supply etc. How big is your Association? How many members are there?

Dear sir,

The first time, when I gave a letter to the Secretary, he gave a reply by writing on it. The content was:

"will be considered in the next EC meeting but as far as the complaint is concerned, need to pay Rs.1500 and get water reconnected"

If you can give your mail id, I will send it.

My Association has 280 members. (There are about 300 apartments and the population is about 1000)

Regards,

Murali

One more doubt sir...

If I send a lawyer notice, will they come for compromise and give me the connection without penalty? Is there a chance? Because, since this amendment is not added to the byelaw, they might have known very well that they will not win.

To whom should I send the lawyer notice? To the Secretary, or to the President?

Secretary is a full time office goer. So, I think he may not like to spend his time for court and case. Also, he himself knows that this law is not amended in the byelaw. So, who will take his case? In case, if he sends a reply notice, what should I do next? From your reply, I understood that I can talk for my case if it will bring to consumer court only. (Am I right?). Sorry for asking again...will the Association (Secretary) spend their time and money for this small case? Or, will they come for a compromise? All your replies are much useful to me. Here, nobody knows these details. In fact, the Society too don't know where would be the solution for this.

Really sorry sir...if you are not interested to give your mail id, no problem. But, I'm really waiting for your valuable reply. Those are very much useful for me. If you're busy, I will wait for you. Please take your own time.

You can address the lawyer notice either to the President or the Secretary. Either of them can attend the court irrespective of to whom you address the notice. Also they need not have to attend court. The lawyer of the association will come to the court. If he replies to your notice, what action that you will have to take, will depend on his notice. You can represent yourself in the court whether it is civil court or consumer court. The only point is that you have to know the laws and procedures of each court. “will the Association (Secretary) spend their time and money for this small case? Or, will they come for a compromise?” I do not know the answer to this question. In your lawyer notice you should say that you will ask for a large amount as compensation for mental agony if you go to court. You should not specify as to which court that you will go.