Verbal threat of water disconnection due to non-recovery of dues from flat owner

Tilak Marg Forum for Legal Questions Forums Property Law Verbal threat of water disconnection due to non-recovery of dues from flat owner

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    • #3377

      Please read Apartment association threatening where I have mentioned that 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.

      In fact, in your case, you have mentioned that there is not even an association (of flat owners) formed. Then how can they disconnect water to your flat, since the water connection would be in individual names (as there is no association or society)?

      You can keep a record of all their threats and inform them in writing about the legal position.

      You should also contact your landlord / lessor in this regard, and try to sort out the matter through him. If needed, issue a legal notice to the lessor. There must have been a clause in the lease agreement as to who would pay for the capital expenditure to be incurred for repair, renovation, etc. There may even be some indemnity clause in this regard.

           


      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.

    • #3379

      Thank you sir. I have spoken to my landlord about it but he has only made false commitment so far. There is only one connection to the appartment from which individual lines are connected to each flat.

      Flat owners have refused to issue any written notice to the landlord towards recovery of money. They are asking me to pay up for thr debt of my landlord as i am the end consumer of these facilities.

      Since the association is not registered, will the competent authority will be police?

    • #3380

      This means that the individual water connections would be in the name of the individual flat owners only. May be that a common pipe comes to the building, but connections may be individuals, since the association is not existing.

      You may file the complaint with police. If need be, approach the court.     


      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.

    • #3381

      Thank you very much sir. Your inputs are really helpful and greatly appreciated.

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