Query Tenral 2 Lawyers club 06062023
Unregistered Resident welfare association demands 1st instalment of Rs 25000/ per flat towards proposed repairs, apart from monthly maintenance amount; It threatens to stop routine maintenance services such as pick up of garbage at doorstep and refusing to accept monthly maintenance charges till the first instalment of repair amount.
A few years back. I already paid Rs 25000/ to the erstwhile association for providing lift for our block; but lift was not provided.
Now I demanded the association to refund the amount; but the association declined; hence, i sought to set off that amount towards my contribution of first instalment of proposed repairs; the association does not agree for set off too and coerces me to pay the amount additionally it refuses to accept monthly maintenance till the repair amount is paid and imposes a penalty of Rs.1000/ every month for the repair amount.
Kindly advise
1.Being unregistered ,whether it requires the consent of every owner to carry out repair of common area and collect money for the same?
2.Whether Unregistered association can refuse to collect monthly maintenance charges from the members (when they offer to pay) who have not contributed the first instalment of repair amount and refuse to provide services like garbage collection at door step till they contribute
3. whether unregistered association has the power to impose penalty for non payment of proposed repair?
4.whether i can insist on set off my earlier payment towards the instalment for proposed repairs
5. whether unregistered welfare association is competent to collect such amounts for proposed repairs & to contract for doing repairs.
6. whether the coercion by unregistered resident welfare association on resident is a criminal offence punishable under IPC; Under which section of IPC,complaint can be registered?
