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Amit Kapila (leader)     21 October 2017

Rwa mantainance query

Hi, we have a residential house in kanpur,we do not stay at our house due to our jobs in delhi but we keep on visiting our house in kanpur.The society charges a heavy amount of mantainance charges from us even after requesting them to give us some concession as we do not stay or use housing facilities,recently they have demanded around 1 lac rupees in the name of mantainance,new cctv and other facilities.Many of the members of society are interested in buying our flat and create such expenses so that we are forced to sell the house.Kindly guide if there are any laws which help resident from paying undue amount to society and also if we can ask for any audit sheets to recogonise there wrong doings.

 1 Replies

Sanjeev Menon   21 October 2017

The fact that you don't stay/rarely stay in your house in Kanpur would not have any effect on your liability to pay maintenance/welfare charges.

What you could look into is the legality and rightfulness of the amount. You could request to be provided with substantiation on heads of charges. Once you get the same, ensure that the maintenance and welfare charges and interests are in accord with the charges prescrbied/decided by the RWA. You should thereafter look into the decision of the RWA to levy these charges. Analyse each such decision in light of the Constitution of the RWA. Some of the questions you should be analysing include- Does the RWA have the power to undertake such activities? was the decision taken in a meeting with the requisite quorum? Did a requisite(as prescribed in the constitution) majority of RWA members consent to such activity? Is there any other defect in any of those decisions?

You could also peruse the RWA's account books if you suspect that such amount is being demanded only from you while no other resident has paid or has been required to pay any such amount. 

Also find out what co-ercive action can be taken againt you for default. You might have issues if public services and public utilitiies you absolutely require are denied to you. Otherwise, if their only option is to approach a civil court, they might not for such an amount. Just to be sure your part-pay 50-60% if possible. 

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