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Nitin Khurana   03 May 2022

water disconnection

Greeting of the day respected citizens,
I am First year LLB student and being a part of our esteemed segment requests your input.
I have some dispute with a builder at Mohali near Chandigarh as the builder demands a sum of ₹400 per month for water and sewerage connection and the supply of water is not proper and we get the supply sometimes once in 2 days and today he had disconnected the water supply line of my motor and my tenant confronted him and builder threatened him to do whatever he can.
what are my legal right....

Awaiting your valuable inputs

Regards,
Nitin Khurana


Learning

 6 Replies

Gagandeep Goel (Advocate)     03 May 2022

Since you are a consumer therefore you have a right to file a consumer complaint before the district forum at Mohali in Phase 2. along with that you can serve a legal notice to the Builder for initiating legal action before the police and also file a complaint of extortion against the Builder. 

 

Collectively you can have three to four steps and your problem will be resolved asap.

 

Gagandeep Goel

Adv, 9872206969

Nitin Khurana   04 May 2022

Thank you sir, can I get your number please. My number is 9867610101

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 May 2022

The maintenance charges have to be paid by all the owners, whether the apartments are occupied or not. The maintenance charges for unsold flats should be borne by the builder till they are sold, and thereafter by the purchasers

Divya Vijayan   04 May 2022

Hello sir!

They can't disconnect your water and maintenance services at any cost, builder has to provide all the services till he handover the building to society as per the Co-operative society act. No society is entitled to disconnect or suspend common amenities including water supply. You can issue a legal notice to the defaulter and if they do not resume the servicee, move the Civil Court.

Electricity supply and water supply cannot be disconnected by society, it forms a part of essential service. Supply of Water & Electricity is covered "as a public service" and is under the parameters of the "Essential Services Act", and it is a criminal offence, punishable by imprisonment, if such disconnection of the Essential Services is done, by private persons, other than the competent authorities after following due procedures of law. You can lodge a police complaint against members of managing committee of society for criminal intimidation under section 506 of IPC. In case any maintenance dues are outstanding, the society can send you a legal notice to pay the outstanding dues with interest.

Nitin Khurana   04 May 2022

Thank you so much respected sir and mam for the input.

Rajendran Chingaravelu   03 September 2022

Hello All,

Can someone share any recent judgments on the same? as to the society/home owner association's lackof right to disconnet utility services?

Thanks

Raj

 


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