Disconnection notice from apartment association committee
(Querist) 30 May 2018
This query is : Open
Dear Experts, The apartment association (formed under KSRA, 1960) had sent a notice saying they will disconnect the basic amenities like water, generator backup, security & housekeeping services part of defaulter action. The defaulter action is defined as those who did not pay the maintenance of X amount every month for a given period.
Do they have any rights to recover the dues other than thru filing a civil suit for recovery? They just sent an email 36 hours before stopping all the services.
Is there any relief under which i can stop them from disturbing my peaceful use of the common amenities. I have paid the entire amount but did not agree to pay the extra amount that was increased from April 2018 which is actually a savings projected towards the gold set for after 5 years from now.
Any thoughts about how i can proceed in this regard is a great help. Thank you
(Expert) 31 May 2018
1) issue legal notice to flat owners to pay arrears of maintenance
2) if they fail to pay file suit to recover the outstanding dues
3).The association can take coercive measures to put pressure on the defaulting flat owner but the same must not be beyond the provision of law.
(4). For example the defaulting member can be deprived of getting common facilities like access to gym, swimming pool,club etc.but in no circumstances essential services like electricity/water supply can be disrupted.
(Querist) 31 May 2018
Thank you very much Ms.Usha Ji and Shirish Sir.
The committee went another step and taken law in their hand a day before and suddenly closed the main gate while my family along with the toddler were rushing to a hospital as the kid was sick. There was no such notice about withdrawing the security services like opening/closing the main gate communicated that it will be effective from the date of the incident. So instead of opening the gate the security guard on duty had closed it while he saw my family approaching the gate.
The same security guard a couple of days back had abused me over the phone while i inquired about why the security guards on duty did not call me before sending a courier person to my flat. Such incidents are repetitive since last 3 years.
The verbal threat and pressure tactic is followed for last 3 years since the apartment association was formed. I'm a mother of a toddler and my movements are very limited interm's of following with legal process and police station. So wondering how much time all this will take to settle the matter.
I'm the only bread winner for my family and have to care for my toddler too. And hoping that the law will give some relief from these miscreant one day.
(Expert) 31 May 2018
The essential services like water and electric supply can not be curtailed under any circumstances or pretext, this is a criminal offence. You should immediately approach the nearest police station and submit a complaint. For other instances of physical and mental harassments also you should submit a written complaint to the police.
Dr J C Vashista
(Expert) 01 June 2018
The action of Managing Committee is justified against the anonymous author.
(Expert) 01 June 2018
If there is any such problem in reality, the anonymous querist should better get advice from some local lawyer by getting the notice examined and replied appropriately. Otherwise, thye query seems to be clearly of an academic nature.
(Querist) 11 June 2018
Hello Dr.J C Vashista Sir, Are you saying that the action taken by the management committee is justifiable? If so, under KSRA or any other act? I do not see any provision under the by-law's too to justify their action. Could you pls clarify your response?
@ Dhingra Sir, The notice was just sent as a broadcast to the mailer where the 100+ owners are part of. So it was kind of a circular rather than a uni-cast notice. And to clarify you - It's a real life problem and its not for an academic purpose.
As directed by the experts in this thread, I've also given a written complaint in the nearby police station for the physical and mental harassment caused by the committee and security guards. Following to that the Inspector had setup an inquiry & insists to have a conversation b/w both the parties and there is no FIR filed till date.
I do not think the police is paying attention to the incident and the mental harassment that me and my family had gone thru. Any inputs on how can i proceed further from here will be of great help.