Apartment association threatening

[Kai Hari]

Dear Sir,

I am residing in a housing apartment society of 75 families in Tamionadu. I am a tenant for the pat 4 years. When i complained many times about misappropriation of association funds for some misuse and some members probenefit doings, from last october 16 they stopped issuing receipt in my name(which was earlier in my name). So I stopped payment of maintenance charges. Why I have to pay maintenance for my owner? Now they sent notice to my owner(actually she is not the owner- owners address nobody knows because she travelled a foreign country) saying if not paid within 1 week including the painting charges water line will be disconnect.

Now I want to know,

Can a society disconnect water supply?

If it is a violation of basic essentials, can I lodge a complaint?

under what section, can i ask court direction to file FIR for cutting water supply?

Do I need to pay if I need to take water supply?

How they can issue bill in the name of owner when I make payment?

Also can I sue them in consumer court for violating consumer breach and non maintenance of facilities?

This is the third time, they are sending such notice earlier also for different reasons? can I approach high court for threating and to register FIR for water disconnection notice?

Thanks in advance

Regards
Kailasam

[Dr. Ashok Dhamija]

Whether you as tenant have to pay the maintenance or the owner of the apartment has to do so, would have been written in your rent agreement or would be as per your understanding with the owner. But, one of you have to pay the maintenance since you are utilizing the facilities of the society.

If you don’t know the owner, then to whom you are paying the rent?

The society cannot disconnect the water supply, which is an essential service. You can file a complaint to the competent authority under the societies related law of your state.

If the society has an issue of non-payment of the maintenance charges by a member, it can sue the concerned member for recovery of the same, but it cannot disconnect water supply.

Whether you need to pay for water charges separately depends on the bye-laws of the society. I don’t know whether water charges are a part of the maintenance charges or the water charges are separate, being of contributory nature. But, whatever legally permissible water charges are there (whether as a part of the maintenance charges or separate), need to be paid.

Since you are occupying the apartment which is in the name of the owner, and you are occupying it on his or her behalf, in my opinion it may not be wrong if the society gives the receipt in the name of the owner. If you are paying by cheque, you’ll still have the proof of the payment.

You’ll have to check it in the relevant state law (i.e., Tamil Nadu law) as to where you can file the complaint for non-maintenance of the facilities.

As I mentioned above, you can file a complaint with regard to disconnection of the water supply with the concerned authority mentioned in your state law.

But, I think the maintenance charges should be paid to the society, either by you or by the owner, depending on the terms of the mutual agreement.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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