Essential services stopped by society due to default of owner


We are occupying a commercial flat on lease registered with court. There is a dispute of outstanding dues on account of maintenance etc between owner and Society. Whether Society can stop providing essential services to tenant in this case when tenant is paying monthly dues regularly on receipt of bills. Is there any remedy available with tenant (us) in case of non-supplying of essential services without any fault of tenant and if so under which act and what is the procedure. Thanks
 
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CEO

ARE YOU PAYING THE MAINTENACE CHARGES REGULALY TO THE CHS FOR SUPPLY OF ESSENTIAL SERVICES/ iF you are not  paying the maintenance charges the society has no right to stop essential services to you   under any circumstances as it  amounts to a criminal offence. .THERE IS A DISPUTE BETWEEN THE LANDLORD AND CHS REGARDING  NON PAYMENT OF MAINTENANCE CHARGES THE SOCIETY CAN  COLLECT FROM YOU. yOU CALL UPON THE LANDLORD AND REQUEST HIM TO PAY MAINTENANCE CHARGES WHICH HAVE BECOME OUTSTANDING.TO CHS.  if     THE LANDLORD DOESN'T  OBLIGE YOUR REQUEST COMPALIN TO THEREGISTRAR.Or you can  file  a  police complaint against the society.

However, for non payment of dues  to CHS the penalties include stopping supply of essential services, This particular pensalty /byelaw is illegal and unjust as stopping of utilities on account of nonpayment of dues  by a member  is unjust  and a criminal offence I'd recommend this byelaw must be challenged in a court of law and get struck off as it's unconstitutional.CHS Act should be amended and the   byelaw should be repealed.

 
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CEO

Sir, The essential services cannot be curtailed under
 
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CEO

Sir, The essential services cannot be curtailed under any circumstances or for any reason , it is a criminal offence. You can straight away file a police complaint. Kishor Mehta
 
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Retired employee.

Immediately issue a notice under CP Act through Advocate and file complaint in District Consumer Forum.

WHen you are paying maintenance charges, you are entitled for those services, even when there are dues, they should not stop essential services like water and electricity, this amounts to serious deficiency of service and even acts amount to criminal intimidation.  

Before proceeding further, think whether you wanted to continue in the same flat with all the problems, or shift to another flat and live with mental peace.

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

The Consumer Protection Act, 1986 was enacted to protect the interests of the consumers. You can send a legal notice through lawyer to the society.

 
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Retired employee.

I have my own doubts as to whether CP Act applies to commercial organisations or not, as you have mentined that yours a commercial organization.

We are occupying a commercial flat on lease registered with court

More clarity is required on the interference of Court and studying of lease agreement conditions also. 

 
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Advocate

Essential services can not be curtailed if you are paying maintenance.

 
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Advocate

Yes, essential services cannot be curtailed whatever be the compulsion.

 
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