Extortion by Apartment association office bearers
4 years ago
Hello Experts,
I am staying at registered society in Bengalore. Society is registered at registrar office. I am religiously paying maintenance charges. Recently our EC(executive committee) proposed(In May 19) for Kaveri river water pipe line connection for society for which they provided estimated cost of approx 66000/- per 1105 sqft flat and asked to pay in three instalments. During proposing this they told that amount is tentative and may get reduce in future as BWSSB(The Bangalore Water Supply and Sewerage Board) will inspect for area of society and provide demand note(cost break up).
Even after three months of proposing this(In Annual Genral body meeting or AGM), there is no clue of inspection date and demand note. They have raised invoices(first instalment) of amount. As demand note is not generated and final amount is not yet cleared to us. I am not planning to pay this until demand note is generated. As this may block my money for unknown span of time.
Due to this they are threatening to stop all the services(maintenance related) for which i have already paid(maintenance fee). our Byelaws says that maintenance related services will be stopped if maintenance charges are not paid. But Kaveri connection comes under Capital expenditure which is not related to maintenance and Why i should pay when govt itself has not generated cost break up.
Could you please guide, What kind of legal options are available for me as this is purely extortion and mental harrassment.
They cannot stop basic necessities like water etc. to your flat even if you fail to clear the any charges they may claim illegally. You may get a stay order against them restraining them from interfering with your enjoyment of property except through due course of law.
Gajendra Rainger
Replied 4 years ago
Hello Sir,
They will stop Garbage collection, Generator backup. Water and govt electricity supply they wont touch. Here problem is, i have already paid for these services as maintenance charges. And Kaveri connection is part of capital expenditure which i am ready to pay but after seeing cost break up from govt. Our EC does not have cost breakup it means we dont know actual project cost.
Swapnil S Bhalerao
Responded 4 years ago
By the looks of it you sir, already know your rights. If the bye-law is clear about the maintenance service and you feel you are safe, you may issue a legal notice through your lawyer if they stop your services. Also, if you feel like, may file a police complaint against them for the harassment they are causing you.
Hope that helps!
Regards.
Gajendra Rainger
Replied 4 years ago
Thank you Adv. Swapnil.
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