Apartment association is threatening to cut common amenities
I have paid two months maintenance charges on time and the association did not provide receipts for the same.I told them that I will not pay subsequent maintenance charges till I get the receipts of already paid amount and I had delayed the next quarter maintenance .Irrespective of delay in issuing the receipts they charged me with a penalty of Rs50/- per day for the delayed payment .
I have questioned this and told that I will not pay the penalty amount and ready to pay the maintenance charges .They do not allow this and they want me to pay the penalty first and due to this logjam I could not pay last two quarters maintenance charges .
Now they have disconnected DG (power backup) to my flat and threatening us telling that they won't allow my maid to come in and prevent us entering to common park etc .
I stay with my wife and two kids of age below 3yrs .How can I legally move to protect my rights to live in the flat ?
Thanks for your help .
Asked 2 years ago in Civil Law from Bangalore, Karnataka
1) the apartment association cannot discontinue common amenities facilities
2) further the association is bound to furnish receipt of maintenance amount paid by you
3) association cannot charge penalty of Rs 50 per day unless there is a resolution passed in the AGm tot hat effect
4) you can issue legal notice to association to provide receipt of maintenance paid by you . to restore power back up facilities and question basis on which penalty of Rs 50 per day is charged
5) you can move court and obtain a stay against the association form charging per day penalty on maintenance and from refusing to permit you access to common park and other facilities
6) you can also file police complaint against the office bearers for criminal intimidation under section 506 of IPC and for disconnecting your power back up
1. You have a valid reason to refuse further payments as receipts were not issued.
2. It is illegal on the part of the association to disconnect the basic amenities. The maximum it could do was to file a lawsuit for recovery of the maintenance charges.
3. You should issue a lawyer's notice to the association to restore the amenities of which you have been deprived and also seek compensation for disconnecting them and also to restrain them from doing anything further which can impair your rights to stay peacefully in the premises.
Is there any provision in karnataka apartment owners act that the association can cut the essential services to a flat in case of default?
Also can you refer a lawyer who deals with these kind of issues in Bangalore ?
Asked 2 years ago
1) no bye laws permit disconnection of essential services by association . in the event of default interest can be charged on maintenance charges as per byew laws
2) number of lawyers on this site from bangalore . you can contact any of them
First of all send a legal notice to the society's president and other persons who were incharge of the society and if they are not ready to settle the matter amicable and continue harassed you then you may file a civil suit for permanent injunction against them before civil court.
you can contact admin for contact a lawyer in Bangalore.
Advocate, New Delhi
1. No there is no provision to this effect. There cannot be one.
2. Many Bangalore based lawyers are on this portal, you can obtain their contact details from the administrator,
An apartment association or any individual cannot take an arbitrarily decide to disconnect the basic and essential services supply abruptly for any reason without following due process of law. If there is a default in payment of maintenance, they have to issue show cause notice asking your reply that why should such services not to be disconnected due to default in payment or any other valid reason, you may issue reply of comply with the payment of dues demanded if justified.
You can contact Advocate Mr. Suresh Kumar at Bangalore whose phone number is 9341231835 if yu need to proceed with legal action against the association.
They cannot charge Rs.50 penalty per day. Its illegal and arbitrary. Association is using pressure tactic against you.
Now best thing you can do is to file police complaint if they abstruct the movement of your family and guests. File complaint against the office bearers of Association in the jurisdictional police station alleging criminal background intimidation and disruption of supply of basic amenities.
You can approach the court praying stay on imposing penalty charges.
Alternatively you can send legal notice, if you don't want to approach court immediately.