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kulwant Rai Sharma (Editor)     14 October 2014

Chs disconnect water supply

If CHS Disconnect water supply without notice, Can I do against them ? My Deposited 30K Against Due only 8500+8500+ Late Fee 6000



 12 Replies

Sudhir Kumar, Advocate (Advocate)     14 October 2014

100                          

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 October 2014

This reads like a telegraphic post with no background information. Water supply cannot be disconnected.. You can file an FIR or get a court injunction.

Sudhir Kumar, Advocate (Advocate)     16 October 2014

query was telegraphic so was my reply.

 

If you [put facts of the case you may get more appropriate advise.

kulwant Rai Sharma (Editor)     17 October 2014

I am living in gujarat, Gandhinagar. I have flat in society. Only Last Year, I Didn’t pay maintenance fee because society is not proper working and 25 days Ago, society had disconnected my home water supply. however, Many Defaulters water supply Countine , which are not paying to last many years.  

Sudhir Kumar, Advocate (Advocate)     17 October 2014

society nor working properly (according to you) so you will stop paying maintenance?

kulwant Rai Sharma (Editor)     17 October 2014

yes, Because they are not inform before general meeting and Not Listening problems,

Sudhir Kumar, Advocate (Advocate)     18 October 2014

If not holding GB then they are defunct society and you should complaint to the Registerar and get them dislodged.

 

That does not mean you will stop paying maintenance.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 October 2014

Whether you seek advice from this Forum, brief your lawyer to fight your case before a court of law or present your case before a court of law you have to be clear and complete. It appears you are reluctant to divulge information or you want us to pull out information from you bit by bit. Nothing can be achieved this way. You state your case complete. Is yours a co-operative housing society? Why you say the society is not working properly? What did they do, which they should not have done or what did they not do which they should have done? Narrate the whole sequence of events from the relevant time step by step their action, your reaction, what other members did or did not do and so many other things which you think are relevant. If you cannot do all that, just get lost.

Sudhir Kumar, Advocate (Advocate)     20 October 2014

Agreeing with Dr Ramani, I would add that you have not eve stated as to wheat efforts you have made to get the society free from those who you think do not work properly.

kulwant Rai Sharma (Editor)     30 October 2014

Society without notice or legal process disconnect water supply.

My Simple Question that

Can I case against him or not ?

Sudhir Kumar, Advocate (Advocate)     30 October 2014

yes you can file case

 

but

your decision not to pay is not bonafide. You have to resume payment.

 

If you feel that society is not working properly you have recourse to the same.  You cannot stop paying.  It is not a commercial undertaking.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 November 2014

If one looks at things strictly from the legal point of view there are three separate cases. If you and your Society interconnect them that would amount to taking law into one's own hands which itself is unlawful. The three cases one following the other are

(1) Your allegation that the Committee members are not doing their job: That is a civil case

(2) Your not paying dues to the Society - Another civil case. You may connect (1) and (2). But the court will not allow.

(3) The Society disconnects your water supply - A criminal offense. The Society may try to connect it to your not paying dues. But the law enforcing authorities will not allow.

Now you go in the reverse direction. You go to the nearest Police Station and ask the Inspector to file an FIR against the Society. But  the inspector will decide whether to file your FIR or not at his own sweet will. If he has to gain something he may do it. Otherwise he will tell you that it was a civil case.

What next? You go straight without losing time (do not give time or information to Society to enable them to to try a caveat)  to the civil court and bring an interim injunction against the Society asking them to open your water line. The court notice also will tell the Society to justify their cutting of water supply. Now the ball is in Society's court.

(1) If you want to take action against the Managing Committee for not doing their job you will have to file a separate civil suit.

(2) If the Society wants to recover money from you they will have to go to civil court and not unilaterally cut your water.

In India law is a game of shuttle cock which the father of Deepika Padukone was playing and which Deepika herself did not want to.


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