• Regarding non payment of maintenance

I want to take opinion on the non payment of the maintenance. We have bought a flat in bank auction and were not aware of shocking charges of 3.5 lakhs. Now the society has also disconnected our electricity to put the pressure on us. So, what can be done in this regard.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

electricity is essential service cannot be disconnected by society

2) file police complaint against office bearers of society

3) when you purchase flat in auction you have to do due diligence .

4) check whether society dues have been paid or not

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Hi, the society is legally entitled to recover the amount from previous owner and not from you ...it is advisable to file a civil suit for permanent injuction against the society in court in order to resume connection

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,you are bound to pay maintenance being the member of the Society. You will be considered a defaulter in the case of non payment of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As per the Apex Court, the disconnection of water supply was a deprivation of the fundamental right to livelihood guaranteed under Article 21 of the Constitution.

Issue legal notice to the Association and lodge the complaint before the local police.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

This is governed under sec. 20 of Haryana Apartments Act which I am quting herein below for your perusal:

20. Joint and several liability of vendor etc. for unpaid common expenses.— Upon the transfer of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assessments for his share of the common expenses up to the time of the transfer without prejudice to the transferee’s right to recover from the transferor or the amount paid by the transferee therefore. Any such transferee shall be entitled to a statement from the Secretary or Board of Managers, setting forth the amount of the unpaid assessment against the transferor and such transferee and such apartment shall not be liable for nor shall be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such transfer in excess of the amount therein set forth.

Thus, in accordance with the above, you need to pay only half of the unpaid maintenance. The other half has to be paid by the previous owner.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. You have to observe due diligence before purchasing the property. Purchasing a property is a complex affair, and therefore, unless the purchaser is experienced and knows all the nitty-gritty of it he should not purchase it.

2. The terms and conditions of the auction have to be perused to formulate an opinion.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

Welcome to our Civil Advocates Team, you need to claim this amount from bank as bank did I not show you every document related to the flat. Bank has deceived you.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. Property purchased thru Bank Auction is always on basis of "as it is condition", without any liabilities of the Bank. Check the Auction documents and conditions.

2. The Auction Bidder has to pay any outstanding legitimate dues of the property to the Society /Association, for transfer of society's membership. There is no option left.

3. The Society has no Legal rights to disconnect essential services like Electricity & Water connections, since this will be a Criminally prosecutable offence. File Police FIR for the same.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

As per Supreme Court A consumer cannot be compelled to clear the dues of the previous owner of the premises he has purchased in an auction. Complain to registrar or file suit in cooperative society court and seek interim injunction to connect electricity as essential needs cannot be withhold to pressurize. Complain to police also.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Due to non payment of common maintenance charges the essential services like electricity or water connection can not be disconnected.

2. So if it continues you can lodge complaint with the police and then file civil suit seeking injunction.

3. So take possession of the flat and apply for fresh connection.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File a police complaint against the society the society cannot disconnect the water and electricity further under the Electricity act the society cannot disturb the electric connection as it is provided by the state or tjhe electric company, further for maintenance you are not liable to maintenance before the date of the possession the bank has to pay same and recover from third party, serve bank for legal notice for recovery of the same.

But in this case of the recovery terms of the auction has to be seen.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

You should ask for a break up of the maintenance charge as has been levied by the society. If he charges don't make sense and are exorbitant then file a protest against it and if they are adamant and are not willing to reduce the arbitrarily imposed charges, then file an application against the society before the registrar.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

The society has overriding powers to collect its due.

in case you don't pay the maintenance charges and outstanding it can be recovered from your property and the services to your property will be stopped . if any outstanding is for the period during the property was locked and was in posession of the bank, you can complaint in to the consumer forum by making society and bank as respondents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Maintenance is compulsory if society is formed.

If it is one time maintenance then you will need to pay it. But if it is annual maintenance then you can approach co-operative court governing society matters against such huge amount of maintenance extortion.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The society cannot disconnect the services pertaining to basic amenities.

You can file a suit for permanent injunction against the society restraining them from doing so and also for restoring the disrupted services.

You can implead the authorities for electricity and water supply as parties to the injunction suit.

Besides civil suit, you can even approach consumer forum against the society for compensation for the deficiency in service and for other reliefs.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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