Hi SIr/Madam, I own an apartment in Janaadhar Shubha, m. Medihalli Village, Anekal, Bangalore, which has 480 flats divided in 7 Towers. My flat is unoccupied since the date of Purchase. I brought this flat by Feb - 2012. Till March 2016 builder was managing the expenses and handed over to association by April 2016. This association is registered under Karnataka Societies Registration Act 1960 for the purpose as mentioned in the Memorandum of Association, this registration part was not notified to all house owners, with some handful of people they framed Bye-Laws and registered it. We came to know about this association after formation and creation of Whatsapp group. Till date even after asking multiple times not all house holders have copy of MOA, AOA or Bye-laws. Neither they disclose who are office bearers and authorized signatories, neither would have renewed the association as it has to be done every year. Resulting they dont have proper audit report. When questioned on misrepresentation and misconduct all of them started to do mob attacks in Whatsapp Group on which house owners like us who never resided in the flat are afraid to enter even premises due to physical attacks. We have no clue on maintenance part being mentioned in MOA or Byelaws. By default they collect close to 1000 Rupees per month. Now since my flat is vacant I asked for Bifurcation of the amount payable they have mentioned water charges since my house is vacant for so many years am I liable to pay these charges? Upon asking this queries people belonging to association started to threaten and passed work order for disconnection of water supply and electric supply. We dont water for 24 hours which was mentioned in sale agreement by builder on top of that even after disconnection they ask us to pay maintenance charges. Not just limiting to disconnection there is harassment, threatening, extortion, humiliation and defamation of house owners in the whatsapp group. Am I liable to pay the complete charges as mentioned or should not pay water charges. Kindly assist me way forward.
Even if your flat is vacant you ha e to pay water charges
2) electricity and water supply is essential service and cannot be disconnected
3) if you don’t pay maintenance association can take recovery proceedings but cannot disconnect water and electricity supply
Thank you Ajay Sir for a quick reply, but should that be mentioned in bye laws and office bearers should come forward to ask us legally they which they have not done they harassed us in front of 200 people. Now that my water is disconnect please assist me way forward
This is a material that your flight was vacant in any case if there is a maintenance charge for the common area maintenance all the apartment holders has to share and pay the maintenance charges regularly in case of default you will have to clear your outstanding first and then you will get the services your water has been disconnected in the process of the same if you wish you have to clear your outstanding dues with the society and take the membership after payment of membership fees which is mandatory and ask for the bye laws copy from the association in case you have any problem with the working of association you have the opportunity to go to the registrar of societies in protest with like minded people and get the direction from the register to the society
File police complaint against managing committee members for criminal intimidation under section 506 of IPC
you can also file complaint before consumer forum and seek orders to direct association to provide water supply and electricity supply
also seek litigation costs and compensation for mental torture undergone by you
See firstly yes you are liable.to pay complete charges secondly they cannot disconnect.water and electric supply it is offence.
Sor threat and intimidation police complaint can be registered against them and for discrepancies and not proper audit reports a complaint before the registrar of societies.
See either give them a legal notice or police.complaint for water disconnection . Further pay the old maintenance charges.
If on notice they do not.connect water supply file a police.complaint against the said persons.
Can any lawyer from Bangalore assist me on this. I got bye-laws via RTI since none of the association members is ready to share them as it says SUBSCRIPTION basis not as MAINTENANCE collection, also I've to be member of this association to obtain their services. No where in bye laws its mentioned for recovery of maintenance and I've not signed any document for subscription. . This association is registered under KSoA 1960 section 3, provides promotion of charitable institution etc., and clearly says cannot collect maintenance, as far as I read and got knowledge. Also as on 30th November, 2018 we received circular by Mr. M K Ayiyappa (Registrar of Co-op Societies, Karnataka State) that no housing society can be allowed to register under 1960 act or there is no provision for control/ regulate fixing responsibility and accountability. Can I file FIR against concerned person who is causing mental torture and extortion under criminal intimidation under section 506 of IPC as mentioned by Ajay Sir. Im not taking entire association Im targeting one single person or for that fact may extend to 3 people. I see 1-3 people are taking personal grudge against us since we raised questions on there unethical practices. Local Police station is a problem since they have there own pavement and association members pay him (SI of local area police station). We gave an attempt to register a complaint on this they denied as asked us to come tomorrow and so on and so forth, SI of the station did not face us by any chance. Can I approach any higher officials. If so how to proceed. Since the person extorting money not sure if he holds any position in association since they dont have legal document or written record mentioning office bearers for last 2 financial years or not at least shared to us till date. Im not denying of payment. I'll pay but I want to what Im liable to pay since the registration is according to 1960 Act.
If local police are refusing to lodge FIR against committee members complain to commissioner of police against said officers refusal to lodge FIR
2) you can also file private complaint under section 156(3) of crpc to direct Police to investigate and submit report
3( you can also issue legal notice to association to submit audited accounts for last 2 years
See if police is not listing file a direct complaint under section 156(3) with the jurisidictional magistrate , the magistrate shall take cognizance of the issue and direct police to investigate and further issue summons other side.
Whether you occupy the premises or not you are liable to pay common maintenance charges applicable to all members.
You can vent out your grievances in the general meeting.
If there are physical attacks you can complain with local police.
There are solutions for everything, but you have to fight for it if the association office bearers are rude and atrocious.
Water supply cannot be disconnected.
You can approach court with an injunction suit for relief.
You can ask for copy of bye laws, if they don't provide then you can initiate legal steps for solution.
You can.lodge complaint against the person who causes harm to you all by such illegal activities.
If the local police is not cooperating then you may approach the top police officer for relief.
only pay the legitimate amount for the same dont succumb to their illegal charges.
My personnel advise is that go with flow.
Legally, Office Bearerers can not harass the member in any means. Community living is art. both owner as well as Office Bearers also co operate each other to have peace and harmony living.
You can file FIR online about this harassment.
Regarding Water and EB disconnection comes under basic amenity also it is third party provider, where you are paying directly to them. SO Association can not disconnect.
Any further, Please feel free to ask.
