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about disconnection
3 years ago
we are a gated community like rajeev gruhakalpa. we have 11 bore meters in the name of association ,consit of total bill above 1lakh.
out of that we have paid more than 50%. and requested a time to pay. to recover the due amount the asst. engineer disconnected the total bore meter connections as we as 60 flat owners individual connections also, is the asst. engineer have that right to do so.
Shreesh Chadha
Responded 3 years ago
A.1) Would have to go through the communications sent by you to the Asst. Engineer.
2) What is the status of payment for the 60 flat owners?
3) Without proper reasoning, and communication, oppressive action would be disproportionate.
4) You have remedy to go to High Court (including the Community and Flat owners) and challenge the action of the Asst. Engineer.
Regards
Adv Shreesh Chadha
2) What is the status of payment for the 60 flat owners?
3) Without proper reasoning, and communication, oppressive action would be disproportionate.
4) You have remedy to go to High Court (including the Community and Flat owners) and challenge the action of the Asst. Engineer.
Regards
Adv Shreesh Chadha
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A.Dear Sir,
Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility. The owner has to be persuaded to pay the maintenance charges as a member of the Association.
If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with law, provided in the Apartment Ownerships Act.
As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply. You have to issue a legal notice to the defaulter and if he/she does not budge, move the Civil Court.
The Apartment Ownership Act of States will have a clause somewhat like this:
Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner.
If my answer is helpful to you then please give my FIVE STAR
Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility. The owner has to be persuaded to pay the maintenance charges as a member of the Association.
If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with law, provided in the Apartment Ownerships Act.
As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply. You have to issue a legal notice to the defaulter and if he/she does not budge, move the Civil Court.
The Apartment Ownership Act of States will have a clause somewhat like this:
Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner.
If my answer is helpful to you then please give my FIVE STAR
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A.Yes, just like the electricity board and so is that of the bore metre, but they must have given you sufficient time for the same and any kind of bills must be in compliance with the regulatory authority and so kindly pay the balance amount and retrieve all your connections
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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