M Nag 13 July 2022

Non payment of maintenance

We stay in a apartment consisting of 12 flats in Kolkata.For last few years 2 to 3 flat owners are creating non stop problems like they are stopping maintenance quarelling everytime if we are calling any meeting etc.1 flat owner has stopped maintenance since October 2021.The Association is not registered .Whenever we few people are saying to make it registered they are creating problems.Some are intentionally damaging our cars etc.1 person has beaten our security guard.We have reported that to police station.After that he has stopped maintenance.Our day to day life is becoming peaceless because of few people.Currently I am in UK with my husband for job.But my mother is a Senior Citizen and she is there in India.Everday some or other between those 2 to 3 owners they are creating problems like vandalizing car etc.Sir/Madam can you kindly give us suggestions what to do.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 July 2022

report to the registrar of societies in the state

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P. Venu (Advocate) 14 July 2022

The Association, not being registered, need to move the court of law for restraining the trouble makers.

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Dr J C Vashista (Advocate) 15 July 2022

Being unregistered the "association" can neither sue nor be sued.

You can report the matter to police and /or civil court for nuisance created against any one of the resident.

Consult a local prudent lawyer for profesional advise and necessary proceeding.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 July 2022

There are 12 flats in your building. 3 of the flat owners are giving problem. Let 9 of the flat owners form an association. Amoung the aim of the association should be to form an association under any of the specific laws available to flat owners in West Bengal.. Register the Association of 9 members. Legally write to the 3 flat owners to become members of the association. If they refuse, file a case in a civil court to order them to become members. All the common services should be managed by the 9 member association. Deny the services to the 3 members. I do not know what are the laws available in West Bengal for forming such an association. You may even form a co-operative society. The procedure I have given is general. There can be variations. Get a lawyer with creative thinking.