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Budhaditya   24 April 2016

Water supply disconnection to defaulters

Our apartment complex in Bangalore has no government supply of water. Water supply is from borewells within in the premises, run by electricity, for which society pays the bill. My question is, even in this case, can the society cut the water supply to defautlers? Is it against the law? Society is not fiddling with any other agency's services. It is stopping its own service. Our Byelaws says: "....If an Owner does not pay the said quarterly charges towards maintenance etc within 15 days after due date, which includes a grace period of three days, Interest at the rate of 18% per annum shall be levied on the unpaid amount from the due date till the date of payment. The Association has the right to recover the arrears, without prejudice as a claim due to it, after a notice is served on the defaulting Owner. Thereafter, in addition to the interest payable on the outstanding amounts, the Association will also be entitled to suspend/prevent such defaulting Apartment Owner and or their family members, guests, visitors, agents, representative or any person/s claiming through them, from use of all the common amenities and facility of "XXXX apartment complex" and also the Board will have the right withdraw, the facilities of water and electricity without giving any further notice. Re use of the all the common amenities and facility and reconnection of such facilities shall be made only after full payment of dues has been made, together with interest. A penalty of Rs.8,000/= for reconnection of the facilities will have to be paid before the facility is re-connected."



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 1 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     24 April 2016

YOU MAY FILE A CIVIL SUIT AGAINST THE SAID HSG.SOCIETY AND PRAY FOR RESTORATION OF WATER AND ELECTRICITY SUPPY WHICH ARE ESSENTIAL SERVICES . YOU WILL SUCCEED. GOOD LUCK. N.B.SAWANT.M.COM .LL.B.ADVOCATE HIGH COURT.

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