Dispute b\w Resident and the association of an apartment
Oorappan
(Querist) 04 November 2008
This query is : Resolved
We are owner and resident in an apartment reseeding from April 1995.
In August 2000 apartment’s Association increased the monthly maintenance charge from 450 RS to 775 RS, to pay depth made by the earlier association committee.
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We paid the above maintenance for the month of August 2000 and we requested the Depth Details, Auditing Report and Bank transaction list of the association and they did not provide any information for the above.
We declined to pay the maintenance till they provide the requested information.
Association disconnected the water supply to my home on January 2001 (i.e. after the five months of declining to pay maintenance.) without providing the Requested information.
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We filled a case on December 2001 at Court of the commissioner for people with disabilities as per the people with disability act 1995 as I am physically disabled person.
Then Case was dismissed on December 2006 saying that this is a personal and disability act will not apply to it.
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We requested auditing report with District Registrar of the apartment’s association as per RTI act 2005.
They Furnished Registration Number (Association was registered October 1999) and bylaws for association, there was not auditing report filling as per District Registrar from the day of the Registration.
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We requested bank transaction with the bank were the association has the account.
They denied saying that association did not permit to provide permission to provide the requested details.
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Please advice to solve the present problem legally
smilingadvocate
(Expert) 04 November 2008
First you go and make application before the district registrar seeking intervention to look into the mater of the association and also an case before the district judge,ofthe concerned area and file and application under section 23 of the societies act and in thesame you also can seek the interim relief of injuction from restraining them from disconnecting your water supply or any amenities as you said they have already disconnected so you can seek a mandatory injunction in the court seeking restoration of the amenities. If the bank does not provide the information you can approach the ombudsman of theconcerned which address you can get in the bank itself.
K.C.Suresh
(Expert) 06 November 2008
You can approach a civil court for injucting others from interfearing into your personal life and liberty. Or approach HC for the same.
