Regarding maintence problem

Dear Client,
Supply of water, electricity, LPG etc are the basic amenities for any human beings and that cannot be stopped or withheld all of a sudden without giving notice to a resident member of a housing society or apartment association and in the absence of a valid resolution passed in a SGM by a two thirds majority of vote. Stopping the supply of water by the society for non-payment of maintenance charges by a member infringes his or her fundamental right to life guaranteed under Article 21 of the Constitution of India. Accordingly, an aggrieved apartment owner can sue the Society/AOA for such an arbitrary and illegal action. Both the AOA (Apartment Ownership Association) and RWA (Resident Welfare Association) are voluntary bodies formed by the owners of an apartment complex whose roles, rules, and responsibilities are established solely for the welfare of the residents and both are responsible for enforcing regulations, building and amenities maintenance, etc. While a registered AOA can enjoy a few legal benefits, an RWA does not hold any legal authority or power. The bylaws of both RWA and AOA specify the powers of the Association and procedures for discharging the core and allied activities related to the upkeeping and maintenance of the housing complex. However, once an owner of an apartment/flat occupies the possession of the flats post-registration of the sale deed and receipt of an Occupancy Certificate from the concerned civic authority and becomes a member of the registered RWA or AOA is liable to pay CAM and other incidental charges as applicable even it is not explicitly mentioned in the Byelaws of the RWA or AOA. The Hon'ble Supreme Court in the case of Rasila S Mehta_vs_Custodian Nariman Bhavan Mumbai decided on 6_May, 2011 held that members of a society are liable to pay such dues as determined by a society towards the maintenance and upkeep of flats and common utilities. Irrespective of the nature of occupancy, they must pay the maintenance charges. Being a body of individuals, a registered apartment/society, the association following the provision of Byelaws can take legal recourse for recovery of unpaid maintenance charges from the defaulted resident/occupier filing a money recovery suit in the Civil Court but cannot stop the basic amenities like supply of water in the absence of any provision in bye laws or any resolution in the matter. You can escalate your grievance before the Registrar of Cooperative Societies or a civil suit against the society seeking an order of injunction and compensation from the Court. If required, hire an Advocate to navigate the issues in the right way.