Hello, I would like to know if my building association can stop the water supply to my apartment, based on the below facts: 1. All my payments are on time 2. There was dampness in the bathroom of the apartment just below me, allegedly due to some leakages from my bathroom above 3. My flat is on the top floor. Earlier I had to spend several thousands to fix roof leakage issue and at that time when I asked the committee to help, that request was denied 4. So this time, I asked the committee that I cannot get penalized on both sides. If I have to pay for the roof leakage of the person staying below my apartment, then the committee should come to my rescue if (in the future) there is a leakage from my roof 5. While a response was awaited, one of the committee member switched off the water supply over the weekend, literally causing a lot of inconvenience and mental anxiety to my tenant. He had to reach out to several plumbers to get someone in urgently to fix the issue. This was almost intimidation and unilateral action, further the committee has also not agreed to pay for any future damages on my roof (which is a common area that can be used by any member of the society) 6. I understand they should have served a legal notice before switching off the water supply - but that was not done. I have checked your site and as per the following discussion thread, I see that water supply is considered basic amenity and should not be switched off under any circumstances: https://www.kaanoon.com/12710/how-can-we-resident-s-welfare-association-handle-defaulters Will appreciate any legal opinions in this regard. In fact, I would like to talk to the legal experts in this area and explore any options that I might be able to take, to restrict the committee from blocking the water again in the future. Many thanks for your help. Regards, Sandip
Water supply is an essential service and cannot be disconnected by the association
2) even for non payment of dues water supply cannot be disconnected
3) file police complaint against association office bearers for criminal intimidation under section 506 of IPC
Sir since the water is necessity the society has no power to close the complete water supply then could have intimated and water supply of particular leaking bathroom could have been closed.
See since supply is already started give a legal notice to the society pay the damages and compensation for the mental harrasment and amount spend for reconnecting water supply, if they fail a consumer complaint can be filed. As society is providing the maintenance on account of charges paid to them so this amount to deficiency of service and malpractice and water and electricity is essential.
In light of the judgement of Supreme Court water connection cannot be disconnected by the society committee under any circumstances.
The society cannot disconnect the water connection of a tenant or owner of a flat even after serving legal notice as it is illegal to do so.
You can file a suit for declaration and permanent and mandatory injunction along with the interim relief in Civil Court.
Also, a complaint can be made to the Registrar of Societies stating your grievances.
Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility.
The water supply of the apartment can only be disconnected if you are defaulter in payment of maintenance charges and the society has to send you a legal notice in case of the repair that is being required from your side to be completed by you as this is from your washroom and the resident welfare Association is not responsible for any repair work from the inside of the apartment as your bathroom is not in good condition and seepage is there so you have to get it repaired to avoid inconvenience but of course before switching off any essential services the society has to provide you the notice in this regard.
The resident welfare Association is responsible to operate Maintenance Services in the campus and in case there is a default in payment your services can be stopped.
In case you have any problem you can approach to the registrar of societies for any direction to the resident welfare Association.
1) You can give legal application to committee whatever facts you have narrated above regarding top roof issue and bathroom leakage issue as well.
2) If committee do not cooperate with you on any ground than send second application to Registrar or Sub-Registrar of Co-operative Housing Society.
3) And run the case infront of Sub Registrar.
1. The seepage from your bath room is to be repaired by you since it is your internal repair (for stopping the water seepage to the floor below your flat).
2. The repair of your roof to stop seeage of water from your roof to your flat is your esternal repair which is to be conducted by the Society.
3. All the top floor flat owners of your complex shall have to raise the topic during your next AGM and get a resolution passed for taking up the repair job of all the roof of the flats of the buildings .
4. However, under no circumstances, the Society or any of its members can stop or cause to stop providing the basic facilities/amenities like water, electric connections etc. as per the judgement passed by the Apex Court.
5. Such stopping of basic facilities/ameities can be stopped only based on court order.
6. You can lodge a police complaint under copy to the Registrar of Societies seeking remedial action by directing the Soiciety to start proving the water supply again.
7. If you are still not provided with water supply, you can file a Writ Petition against the inaction of police and also the Registrar of the Societies seeking relief.
Dear Experts - many thanks for all your responses. It is great to know that the association should not be blocking the water supply. My challenge is that I am overseas right now and hence will not be able to coordinate a police compliant. So my follow up question is - can we send a legal notice through any of your good offices ? All I need is for the committee to know that: 1. it is illegal activity 2. that they need to explain why it was done without proper notification/authorization 3. that they should not be doing it again, without a court order As long as they agree to the above 3 activities in writing, I am happy with the outcome.
You can send legal notice through any lawyer on this website
make payment online and notice would be sent as per your instructions
1) Yes, we can send legal notice on your behalf it will be great if we could know where is your property located exactly.
1. It is absolutely legal on the part of the society to cut off basic necessity like water supply from an apartment.
2. Such acts cannot be done, even with proper authority as they are absolutely illegal and untenable in the eyes of law.
3.You should send a legal notice to the asking him to restrain from doing such a nice or you would use proper recourse of law to take action against them for their illegal acts. Feel free to contact, if you need any assistance in drafting a legal notice for you.
They cant turn off your water supply it is a criminal offence you can file an FIR. You can Complaint to Registrar for other issues as well as file Consumer complaint or Dispute before Co-operative court.
Sir as suggest above a legal notice in strong words seeking apology and damages can be sent to association and concerned person who missed power in association and took the action. See there can be outcome of legal notice but in case association is ready to fight they might not give an apology but an legal notice given to them shall be record with you for furture if they again go for such action.
you may approach the Consumer Court and pray for reliefs and compensation for difficulties suffered by you.
1. You can certainly send a legal notice to the Society and the secretary but decide what will you notify therein. You can ask for compensation failing which you shall take legal action. This might stop them in repeating their said illegal act.
2. They need not explaint why they acted illegally. They need to compensate you for your sufferings 9or your tenants sufferings).
3. They need not be informed that they should not repeat their illegal act. It is understaood. You are required to be offensive and ask for compensation. it is obvious that they will understand that they should not repreat it in their own interest.
Association can not unilaterally and illegally stop the water supply as the same is the basic necessity
Sen a legal notice for the same and claim compensation from them
hello
switching off the water/electricity supply is an offence and hence should be dealt with likewise.send a legal notice immediately without any delay. they think that they can harass the tenant as you are not present there.the leakage must be stopped and an amicable solution must be reached but this action smacks of intimidation.if the committee does not respond, file a complaint with the registrar of the society and then in the HC.
regards
The water supply is essential and basic amenity which cannot be disrupted by society for any reason.
An injunction suit before a court or a complaint with the police against the arrogant committee member may be lodged for solution.
You can very well issue a legal notice to the society through your lawyer even from staying at abroad.
You may engage the services of any advocate of this forum also or from outside the forum too.