Payment of old outstanding due to Welfare association
We have purchase a 2bhk flat at Hyderabad in the month of Jun'13. It is a gated community maintained by Sri Balaji layout Association. We are paying the maintenance amount from Jun'13 regularly. But they are asking us to pay the dues from 2010. Before occupying the house we have paid Rs.4700/- for old outstanding due. They sending notice that they are not supplying drinking and disconnect the power supply. Kindly suggest us we can go legally against association.
Asked in Property Law from Hyderabad, Andhra Pradesh
As you have paid Old Out standing due at the time of occupying the property, Issue legal notice to the Association for calling upon to give reasons why even after settlement of dues they are insisting on additional payment. If their reply is not satisfactory you can file complaint against them.
legally you are liable for those dues which are due after possession of flat,you can not be forced to pay dues before occupying the flat.you can file complaint to registrar of societies and they will initiate proper action in this
Advocate, New Delhi
Refuse their demand by sending a Legal Notice to them,disconnection of water and electricity are criminal offence,if they do so then you can file a criminal case against them in Judicial Magistrate Court.You can also file a Declaration Suit in Civil Court and file a writ petition High Court.
under no circumstances can Association stop your water supply or disconnect your pwer supply . file criminal complaint against office bearers of association . water supply is essential service . it cannot be discontinued . at most association can file recovery case for outstanding dues . it is your case that you had already paid outstanding dues as raised by association at time of purchase of flat inJune 2013 . you cant be called upon to pay further outstanding dues of past . at time of transfer of flat to you the association should have recovered the same from seller
All above clarifies your issue.
Advocate, New Delhi
For the association to raise a demand of payment of dues with effect from 2010 when the purchased itself had been made in June 2013, is ridiculous and grossly illegal. It has no right to disconnect power and water supply. Disconnecting the supply will make it liable for heavy monetary damages under the law. Supply can be disconnected only after a court order in this regard.
Issue a lawyer's notice to the association and then proceed further on the basis of what it states in reply thereof.