Housing maintenance

M M Pandey (Querist) 28 May 2020 This query is : Resolved
Dear Sir !
In Ashiana Woodlands apartment, Jamshedpur , Jharkhand the maintenance services are provided and managed by the builders. In case of delay in paying maintenance charges by the residents for more than month they immediately cut the power supply of the respective apartments. The same electricity power is restored only after making payments by the residents.

Is the above action by the maintenance department is legally correct.

Need clarity / opinion in this regard so that the residents could take up with the appropriate authority for getting relief on such harassment

Regards

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Residents in Ashiana Woodlands are questioning the legality of their builders cutting off power supply due to delayed maintenance payments. While some argue that commercial services like electricity can be cut for non-payment, others state that essential services like electricity and water cannot be disconnected without prior notice and permission from a statutory authority. Residents can complain to the Registrar of Societies if RWAs act arbitrarily.

K Rajasekharan (Expert) 28 May 2020
This is exactly what the Kerala State Electricity Board does. Every bi-monthly bill of it is a disconnection notice as well. On non payment of the bill on the designated day, the officers of the Board will reach the house after 8 AM and disconnect the supply. The supply will be resumed after payment of the bill and a reconnection charge.

This is perfectly legal. No body can be insisted to supply power - a commercial product - even when you don't pay the bill.

I cannot see any reason for anyone to find it illegal.

Raj Kumar Makkad (Expert) 28 May 2020
The society cannot disconnect essential services without prior notice to the member. In several cases, the court restored the essential services such as electricity and water supply even when the maintenance charges were not paid by the resident.

“RWAs are not supposed to cut electricity or water supply till they have a permission from the statutory authority. Buyers can also go to the Registrar of Societies and file a complaint in case RWAs do not work as per the by-laws or violate any law in its functioning,” explains Ranganathan.

Both, the residents and RWAs, need to work together for a cordial relationship and betterment of the society. They cannot violate any provision of the law or act arbitrarily. In case the residents are not happy with the RWA, they can seek re-election and change the body.

Raj Kumar Makkad (Expert) 28 May 2020
RWA is a welfare association and does not have any statutory power to force anyone to pay maintenance charges. There are many people who do not pay maintenance charges and the RWA cannot do anything about it. The government development authority should take care of these issues.

Rajendra K Goyal (Expert) 28 May 2020
The supplier has the right to disconnect supply of electricity for non payment of charges as per laid down procedure.

M M Pandey (Querist) 28 May 2020
Thank you very much to you all Sirs for such a fast response.
Further to what I have mention above in my query want to make it clear that this electricity power is standby provided by maintenance services in case of power cut by the Jharkhand Electricity Broad. The power supply is done by the services privately from the captive generator kept in the premises which is cut by them in case of non payment of maintenance bill by the concerned ed residence without disturbing power connection of Jharkhand Electricity Board
Put up for your kind review again keeping in mind the details as mentioned above.
Regards

Raj Kumar Makkad (Expert) 28 May 2020
Who had obstructed you to put all facts at one go?

Anyways, everyone is aware that the service can be got provided if charges are paid against it. This is not the right of an individual to have undisturbed supply of power without paying the bill duly issued. There is also a liability of electricity provider to chase such defaulter efore disconnecting so as to avoid further complications but a consumer cannot take shelter of such liability of the service provider if he is fully aware of the bill and its due date. Sometimes, bills also contain the condition that after expiry of the due date of depositing the amount mentioned therein, the connection of the supply shall be disconnected without issuance of any notice so better to restore your connection by clearing all dues and reconnection chargs, if any.

Rajendra K Goyal (Expert) 29 May 2020
RWA cannot stop essential services without following due procedure. Resident may approach Registrar or court against such action.

P. Venu (Expert) 29 May 2020
Who is distributing the electric supply - the builder or the Electricity Board?

Rajendra K Goyal (Expert) 30 May 2020
Whosoever disturb the supply of essential service, has to follow procedure.

Raj Kumar Makkad (Expert) 30 May 2020
Where is the question of the disturbance of the supply on the part of the author and how the last reply of Mr. Goyal is relevant in the given facts?

When one unncessarily wants to enlarge the replies, such light replies do come instead of serious legal observation/replies. I want you to see a serious lawyer whose words are read and observed with zeal.

Dr J C Vashista (Expert) 31 May 2020
The builder has already specified in the terms and conditions of the agreement with RWA (on behalf of individual allottee) to maintain the premises till declaration is made and maintenance is handed over to the association of allottees. Accordingly, the allottee(s) have to pay it well within time or face disconnection of essential services.
Few associations have installed pre-paid electricity meters in the premises, where supply shall automatically get disconnected for non-recharge.

Rajendra K Goyal (Expert) 31 May 2020
Electricity Board, the welfare association (RWA), builder if cuts / discontinue any of the essential service, procedure has to be followed. Sending bill mentioning last date of payment, giving notice for discontinuance of service in case bill not paid for considerable time, discontinue of service after permission from competent authority.

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