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vikas mishra (ADVOCATE)     11 September 2009

WATER CONNECTION CUT BY SOCIETY

Hi, all

        Kindly guide me in this matter, as one of my clients has a flat but he doesnt stay there , once he had asked the commitee members for the audited balance sheet and they couldnt give any satisfactory answer so he did not pay the maintainance as and a tenant was staying in his flat later the society members stopped his water supply. later tenenat also left the flat, is there any remedy when nobody is staying in the flat 

 



 17 Replies

Anil Agrawal (Retired)     14 September 2009

 Staying or not staying is not the question. Go to MUNICIPAL CORPN AND POLICWE and lodge a complaint.

V. VASUDEVAN (LEGAL COUNSEL)     14 September 2009

 In my view, the two issues are distinct matters - While a Member can demand for the audited accounts failing which he can lodge a complaint before the Registrar of Cooperative Societies, he is bound to pay the maintenance charges. However, disconnection of supply, unless proper notice was service, the member has a good remedy. Please pay the maintenance charges

to avoid further action and independendantly lodge a complaint with the Registrar for

both issues - nonproduction of audited accounts and disconnectin of supply.

vasudevan

Milind Gyani (Advocates and Legal Consultants.)     16 September 2009

I agree with Mr. Vasudevan and would further like to add that cutting water supply is no means to recover the maintenance dues. For recovery the society has to go either U/s 101 of 91.

Anil Agrawal (Retired)     16 September 2009

A coop hsg society has no power to cut water or electric supply of stop scavening of lift service. Simply go to police station, BMC and make a complay to Secretary, Cooperation Dept with copies to Registrar and Dy Reg of your ward. 

Disconnecting water supply is a criminal offence.

amizhpari (ADVOCATE)     16 September 2009

as for as the law is concerned the association or the society can not disconnect the amenities and if the society wants to recover the maintanence amount it should take legal route to recover4 the arrears. Only statutory body has got the right to do so that too after notice. in any case the member cannot with hold the payment as it cause inconvenience and confusion in the neighbourhood. If he wants to get the accounts he has got legal means by approachiong the authorities or even approach the court of law for a remedy.

R.AMIZHDHU AND S.PARIMALA AMIZHDHU 

ADVOCATES, MADRAS  

Anil Agrawal (Retired)     16 September 2009

 The limited question is disconnection of water supply. The answer is emphatic NO.

Recovery of maintenance charges is altogether a difrerent issue for which alternative remedy is available to the CHS. This jungle raj that if a member does not pay up, his water and electricity supply will be disconnected and other amenities denied will land the Secretary in mighty trouble.

Ria (Legal)     09 November 2009

Respected Experts,

Under which section of the Crpc. can  we file the complaint against the managing committee of society.

 

Anil Agrawal (Retired)     09 November 2009

 First you lodge a police complaint. Then complain to Dy. Reg.

Jahnavi Kumari (Accounts Executive)     20 April 2013

sir, i want to ask query that we have got flat in 2005 and till now neither we have done its registration nnor we have paid any stamp duty on it, only we have sale agreement between bulder and my mum. now we r going to register it but builders secretaryis asking for bribe for Rs.200,000/- for singing the agreement. fact is we had bought above said flat from investor, but he has made us forst owner instead of second, and made direct agreement between bulder and us. and as we r not a member of society, on the grounds saying that we r not a member of spciety secretary stoping water supply to our tenant staying there, kindly please giude us wht to do as we r not able to arrange this much money to give builder. kindly guide me... wht to do?

Pravin (Manager)     15 September 2017

Hi,

Under which law and Section it becomes Criminal Offence ( in Maharashtra ) for Disconnection of Water or electricity Supply by the Society or its Office Bearers towards non payment of maintanace dues by the member  ?

Can anyone please Quote any Case Laws on the same ?

Please Reply Soon.

MPS RAMANI (Scientist/Engineer)     17 September 2017

There are three actions (1) asking for audited balance sheet (2) member not paying maintenance charges (3) cutting off water supply. Are the three connected? Did the member say that he was not paying maintenance charges because he was not given audited balance sheet? Did the Society inform the member that they were disconnecting water supply because the member did not pay the maintenance charges? As reported here the connection between (1) and (2) and (2) and (3) are just assumed. Whether connected or not connected there is no justification for disconnecting water supply. The member can complain to the police. It is most likely that the police will do nothing. One can complain to the Registrar. Has one to wait without water until the Registrar wakes up follows all procedures and takes action? One can get an immediate court order to the Society to restore water supply. If the water was stopped just prior to a working day, one can get a court order before next evening. Then bribe the bailiff and take him to the Secretary with the court order. I am writing this based on actual experience.

1 Like

Adv. Suyash Deshmukh.   19 September 2017

  1.  As regards to Builder not making registerd Sale Deed. It seems that your sale agreement is seem to be notarized as ur saying that you have not paid any stam and registration fees. Now it is binding on the builder and the investor to register your sale deed as per the terms of the Agreement of Sale. So instead of paying any bribe to the secretary send the legal notice to the Builder and the investor (if is a party to the Sale Agreement) for Specific Performance of Contract. Ask the builder to Register the Sale Deed in Favour of your Mother in the notice and make it clear that you were always ready and willing to perform the contract at all point of times and it was the builder who is refusing to the same. Mind well that the duties casted upon you as per the Sale Agreement are complied by you within time and without fail. Also the duties casted upon the builder are complied by him/her.
  2. Now as regards to the issue with society. No manager of the society or Appartment can cut of the Basic needs of the members of the society or appartment for any reason whatsoever. Manager can intitate various proceeding for the wrongs done by the member as per co-operative society act or the deed of declaration in case of society is not registered. So coming to your question show the Sale Agreement to the Secretary or manager of your society and tell them to get you the member of the society on the basis of that document until you get the Registerd Sale Deed done and apply for the membership of the society on that basis (If yours is a registerd society then its Chairman and secretary must be the party of the your Agreement to Sale). 
  3. Counsult any good lawyer for detail problem solution.
  4.   Thank You!!!!

Aksh   14 November 2017

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
  One can get an immediate court order to the Society to restore water supply. If the water was stopped just prior to a working day, one can get a court order before next evening. Then bribe the bailiff and take him to the Secretary with the court order. I am writing this based on actual experience.

 

Dear Sir,

Could you please eloborate in more detail as to from which court to obtain such an immediate order to restore water supply and what's the procedure for the same? I'm facing a similar situation wherein water supply to my flat in Ahmedabad, bought in a public auction from a bank is cut off by the so called association/society which is not responding to any written communication and as per my knowledge is not even registered. Your prompt reply may save me from tons of worries as I'm suffering from this for more than 2 months now.

Thank You.

Aksh.

Adv Rohit Dalmia 9324538481 (Lawyer)     16 November 2017

if the builder is not ccoming for registration, then you need to serve legal notice upon them for getting the flat agreement registrered with you. Failing which you can move to Civil Court against the Builder for getting the flat registered or by appointing the court officer to register the flat agreement in your favour incase the builder is not co-operating.

 

Regards

Adv. Rohit M. Dalmia

9324538481


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