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rinkichakraborty   07 May 2015

Issue with aparment maintenance payment schedule

Hi , 

I am from Bangalore, am facing some issue in my present apartment. Need your suggestion on this.

Association is forcing me to pay the Maintenance Quarterly, though i am paying it properly and regularly monthly basis, they are sending threatening email to residents to cut/ withdraw common amenities such as Power backup, water  supply and other all services and support. They are creating mental pressure on us. Could you please suggest whether this is legal , if we can do anything to stop this ?



Learning

 6 Replies

Jeetender Gupta (Advocate)     07 May 2015

No one touch power & water supply. It becomes a part of right to live. You can write to them politely, subsequently send a notice & in worst case file a writ petition.

(Guest)

your question is not clear -

if you are payng monthly and regulary..what is the thing with quarterly payment..?

send them a written notice on disconnection of any basic service..if it still continues..file a police complaint ....they willl warn them on your rights on the basic amenities.

advocate nitin kumar (lawyer)     07 May 2015

DO THE BELOW MENTIONED :

 

1. collect all the payment receipts that you have made to the RWA

2. calculate if there is any due from your side towards the RWA

3. talk to the RWA president/chairman to resolve the issue (if you are not short on due payments). and complain regarding threats you are receiving.

4. if they are over charging you then check the payments made by your neighbors who resides in the same type of flats as yours.

5. make list of threatening mails and get them printed on paper.

EVEN IF THE PROBLEM IS NOT RESOLVED 

then you have the option of complaining to the society manager with all the supporting documents and print outs of the threatening mails sent to you.

 

EVEN IF THE PROBLEM IS NOT RESOLVED STILL

then the last option is to contact the local laywer and explain him the situation and then get a legal notice sent to the RWA about the problem you are facing and therats given to you by e mails.

IF THE PROBLEMS IS NOT SOLVED STILL 

then you have no option to file a suit against the RWA for extortion and threatening the resident.

i am sure your lawyer will help you properly regarding the issue.

but first of all you need to make sure that you are not really short on the payments.

 

wish you all the best, hope the answer solves your problem.

Advocate Ravinder (Advocate/Attorney)     08 May 2015

Your query is not clear.  When you pay the maintenance every month, why they demand you to pay again maintenance quarterly.  Please come out with full details.

Normal legal position is that the Association has every right to cut power supply and water supply and other amenities if the flat owners fail to pay the maintenance.  Pl go through the Bye laws of Association.

T. Kalaiselvan, Advocate (Advocate)     08 May 2015

whenever you aproach such public forums seeking legal help or solutions to your problems, until you dont give the correct details or explain the situation or background properly, you will get only misguiding opinions and suggestion which will further affect your problem.  Therefore please answer the queries raised by other members if you realy are looking for solutions to your problem, if you have any. 

rinkichakraborty   26 May 2015

Thanks to everyone for your valuable reply ,

In our apartment , association has decided to take the Maintenace Quarterly. 3 Months together in advance.

If some one will pay the Maintenance in every month may be on first or second day of that month, instead of 3 months together in advance, can association listed them as defualter ? disconnect any of the essential services like power backup or water Supply?

 


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