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Non payment of maintenance charges

Querist : Anonymous (Querist) 14 July 2020 This query is : Resolved 
Sir

I would like to know if in an Apartments few residents do not pay monthly maintenance and continue to be in default even after notices. I understand that RWA can not disconnect electricity / water etc.

Can RWA discontinue their services which originate out of maintenance like
Intercom,
opening In gate / Out gate by the security guards (let he himself come out of car and open)
Guards calling such residents when guests arrive.
Not providing power back up etc
Services of electrician and plumber employed by the society
or any other services.

Thanks

Dr J C Vashista (Expert) 15 July 2020
Although RWA can not levy any amount to raise funds to provide necessary facilites to residents, but as internal (volunteer basis) arragements funds are raised but can not compel residents to pay.
However, if a resident do not pay for the facilites created from contributory funds, it can be suspended as an arm twisting tactics.
P. Venu (Expert) 15 July 2020
The RWA cannot take law in its hands. Yes, the RWA can debar such members from complimentary benefits. However, any step which entails any deprivation could only be through the due process of law.
Rajendra K Goyal (Expert) 15 July 2020
How are you concerned?

Whether any notice served by the society?

Registrar / court should be approached for permission to discontinue electricity and water supply.

Other supplementary services can be discontinued.


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