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

[Vivek Singh]

Dear Sir,

I have entered into a lease agreement for a flat to be used for residential purpose in a 10 flat appartment complex. As agreed with lessor, I am paying my flat contribution towards monthly maintenance expenditure. However, I have been issued verbal and written threats (on whatsapp group) of water connection disconnection due to non-recovery of dues from my flat owner (lessor), which were incurred for capital expenditure such as building repairs, renovation, addition of features and facilities by rest of the flat owners.

I have communicated to rest of the flat owners that I will bear all the maintenance related cost (such as cleaning of common area, common area electricity bill, etc) but not expenditure towards repair and renovation of appartment as that needs to be borne by owner.

However, rest of the flat owners have put onus on me to collect the dues from my landlord or else face disconnection. There is no association formed to the best of my knowledge.

Please recommend how I should proceed to resolve the issue. What are my legal rights and obligation? I would like to resolve this issue amicably but would not hesitate to approach court of law for justice.

Appreciate your advise. Thanking you.

[Dr. Ashok Dhamija]

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.

     

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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.

[Vivek Singh]

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?

[Dr. Ashok Dhamija]

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.     

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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.

[Vivek Singh]

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

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