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Jayanti Devi (Student)     03 January 2024

Possession of flat

Property is a flat maintained by association of owners with gated security. 

Now, dispute is between few flat owners and maintenance chargeds. 

However due to majority association has made it compulsory for all owners to pay same maintenance charged. 

Few owners have not yet paid full amount due to dispute of excessive charges. 

Association is now harassing them with water supply and has threatened to disruput water and sewage facilities.

Also, security services are at main gate and se urity is at main gate. 

Question is can association refuse the disputed owners to enter the property? Since security services are also part of maintenance.. 

In case matter remains at dispute and security refuses entry at the premises to owners whose maintenance is still due, can owners complain local police?

Is refusing posession a criminal offence? 

Disrupting water supply is a criminal offence but they are doing it smartly by giving an alternate option from common area but not the flat. Is that civil or criminal? 

It is compulsory to know whether harassment is civil or criminal nature because if it is civil then owner has to compulsorily approach court first if posession is refused at entrance by security.. 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

The security cannot stop the members from entering or exiting the gate, it is a criminal offence.

The association secretary and president whoever has passed this order can be booked.

Disruption of water supply or any other essential amenity service can be dealt through civil court by obtaining permanent injunction.

The society instead of adopting such illegal activities, can take legal action against the defaulters.


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