Aksh 27 April 2023

Water disconnection by so called housing society/association for want of maintenance

Around 5.5 years back I had bought a residential flat in the Auction under SARFAESI. Later I got to know that water supply to the flat is disconnected by the society for want of maintenance. The so called society is not registered and they run block management thru some association. I'm not sure if this association is also registered or not. Now this association never supplied any demand notice or anything in written so much so that they refused to receive any written communication from me. RPADs sent returned refused. Therefore I preferred complaints to various authorities including Police, Municipal Corporation, Registrar of Societies, Mamalatdar, Collector, CMO etc. but didn't receive any relief.

As I didn't have any information regarding the legal status of the so called association I didn't know before which court the civil remedy lied. I talked to various advocates but they provided different opinions like Board of Nominees, Registrar of Housing Societies, Civil Court, Consumer Court, High Court etc. Sometime back I got to know about a judgment as per which Consumer Court has jurisdiction for the said matter and therefore I filed a Complaint in District Consumer Disputes Redressal Commission with condonation of delay of 1260 days in filing the same due to aforesaid reasons, but the complaint is dismissed as being time barred by the CDRC.

Water Supply to the Flat is still blocked by the housing society. Is this not continuous wrong and therefore a continuous cause?

Please guide what to do next.

Thank You.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 28 April 2023

You can approach a civil court within the jurisdiction with a suit for permanent and manadatory injunction against the so called society to restrain them from disconnecting the water suply and for restoration of water supply immediately as well as a temporary relief on the same lines till the disposal of the suit.

If the suit is also dismiossed then you can approach high court with an appeal or a writ petition directly against the association.

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Aksh 28 April 2023

Thanks a lot sir for the Prompt response. I really appreciate this.

Without going to the civilt court, Will the writ petition in High Court against the so called assoication be maintanable? Or it will be maintanable only after exhausitng appeal with Civil Court?

Also the order DCDRC is bad on many counts. The question that bothers me right now vis a vis this DCDRC order is - Is the blocking of water supply for want of maintenance not a continuous wrong and therefore continuous cause?

T. Kalaiselvan, Advocate (Advocate) 29 April 2023

Water supply and electicity supply are one among the essential amenities that cannot be curtailed or prevented by anyone for any reason.

You may first exhaust the remedy available in the civil court and then you plan to approach appelalte court if you are still aggrieved by the lower court's decision.

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