Every member of the society is supposed to be entitled to enjoy the common facilities provided in the society. The water and electric connections are given in common to the members of the society for the common benefit. [Of course, if each member of the society has been given electric connection to his house separately, then he has to pay his electricity charges directly to the company providing electricity.] The society is formed for the benefit of all members and each one is entitled to enjoy all common facilities. The disconnection of water supply is a deprivation of the fundamental right to livelihood guaranteed under Article 21 of the Constitution. The action of the society in disconnecting the water supply to a member is illegal as it is an interference in enjoying the common facility.
If any member is not paying the maintenance charges or the relevant charges payable for water / electricity, it is of course open to the society to demand the same from the defaulting member in accordance with law and take legal action against him. But, such basic amenities which are essential for life cannot be denied as that is a violation of the fundamental rights under Article 21 of the Constitution.
You’ll have to check the provisions of the relevant societies Act which is applicable in your state and also the bye-laws of your society for the actual detailed provisions in this regard. But, generally, complaints with regard to disconnection of such facilities are filed either by way of writ petition in the high court (for example, read this) or by a consumer complaint before the appropriate consumer forum (for example, read this) or may be before the Registrar / Deputy Registrar of the societies, or before the district court. Please check the relevant legal position under societies Act which is applicable in your state and also the bye-laws of your society.
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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