Undue and unfair maintenance charges

Dear Sir,

The allegation of “gundagardi tax” and harassment is serious. If there are threats, coercion, or denial of basic services (water, security, access) for non-payment, that may amount to criminal intimidation or illegal coercion. RWAs cannot take the law into their own hands; they must recover dues through legal means, not pressure tactics.

To fight this effectively, begin with a written objection to the RWA:

Ask for copy of bye-laws,
Demand basis of calculation,
Seek minutes of the General Body Meeting where charges were approved,
Request audited accounts and budget justification.

Dear Client,

The information provided is not sufficient to give a complete legal opinion. Essential details such as the RWA bye laws, the exact method used for calculating maintenance charges, whether the subdivision of the plot is legally approved and recorded, and any written notices or demands issued by the RWA are required to properly assess the legality of the charges.

Without these documents, it is not possible to determine whether the charges are lawful, uniformly applied, or arbitrary and discriminatory. The legality of such charges depends heavily on the governing rules and documented practices of the RWA.

You should first obtain and review these documents before taking any legal steps. Please consult a local advocate with complete details for accurate advice and appropriate action.