First of all for any reason, Society cannot disconnect essential services for any default. And same is held by courts in Indian that society are not supposed to cut electricity or water supply till they have a permission from the statutory authority. Buyers can also go to the Registrar of Societies and file a complaint in case RWAs do not work as per the by-laws or violate any law in its functioning.

Rent is another thing, Landlord is entitle to rent. Lock down has not effected right to receive rent except no force eviction.

Only retrieve would have been FM clause.

Electricity is essential service cannot be disconnected 

however common maintenance charges of mall are payable by tenants 

You can seek waiver of rentals due to force majeure conditions 

however if landlord refuses to listen terminate your rental agreement 

1. Firstly rent cannot be waived off, you have to pay the land lord has per the current legal position.

2. The CAM charges are also payable though electricity cannot be disconnected to recover same.

1. See lease agreement is an executed agreement you are already in possession, the property is not destroyed therefore you have to pay rent in lockdown. Force majure will not be applicable here.

Hi 

1) Delhi High Court vide its order dated 21 May 2020 in the case of Ramanand and ors v. Dr Girish Soni and anr (Rent Control Revision Petition No. 447/2017)  has in its judgment stated that Rentals are due to be paid by the tenants to the land lords.

2) However, the Delhi High court also has said, land lords should consider some postponement or relaxation in the schedule of payment can be granted owing to the lockdown.

3) Also, land lords cannot take coercive action against the tenants if going by the same judgment.

4) Please issue notices to your land lord and ask them to stop taking coercive steps and ask them to come forward for either partial waiver with deferment or for deferment of arrears of rentals and CAM charges. 

5) Also, if majority of tenants can form a group and take up the issue with condominium society they can get the benefits of collective bargaining and get better outcomes.

1. ell, it is well settled that on default of payment of CAM cahrges the essential supply like water or electricity connection can under no circumstances be severed.

if it is done on the basis of complaint FIR can be registered.

However there is no waiver of rent during lock donw unless there is Force Majuere clause covering this incident of pandemic. 

Hi, if there is a force majure clause in the agreement,the plea for waiver off rent during lockdown can be taken ..However,even without such clause we can still take this ground as it was a global pandemic 

the rent can be delayed or paid in installments but cannot be completely waived off as per the law unless the landlord agrees to it.

The landlord has complete rights to demand the pending rent.

No such disconnection cannot be done by the society. It's illegal and cannot be carried out. Upy can file FIR and also file case in consumer court

Landlord may not agree but you can get benefit of lock down where you could not do your business for which commercial property was taken on rent.  Though till now there is no clarity from govt on waival of rent in full or in part for this period,  natural justice may be the main contention to do justice by court and court may share the loss on fifty fifty basis to landlord and tenant.

Wait some time and see how court dealing such issues.  Or you may move to court on above footings. 

1. As per a recent SC judgment, Rent /Lease amounts CANNOT be waived off BUT can be deferred by the Landlord and the Tenant has no right to demand waiving off the rent, even for residential or commercial properties.

2. The above is subject to that the premises is in possession of Tenant and not with Landlord.

No, no one can force the tenants to pay rents by disconnecting basic amenities viz., water & electricity.

The Society can ask the tenants to pay proportionate maintenance in lock down, but cannot force to pay CAM.

Due to pandemic and lock down and even in no force majeure clause is there in agreement, the same comes into play, Government itself gave relief to commercial occupants, as such, you can seek to pay the rental in a differed manner as per Government's directions.

If the land lord refuses to accept your proposal, you can issue notice to terminating the lease.

The landlord can force the tenant to pay the rental amount since the premise has not been vacated  and is still in the possession of the tenant.

However the demand for maintenance charges during the period of closure owing to the lock down situation may not be justified, you may refuse to pay th maintenance charges alone. 

The landlord can demand the monthly rental  amount during the lock down period also.

It is not a force majeure situation.

This clause is not applicable to this situation.

The landlord can even approach court for eviction for willful  default in payment of monthly rental amount if you refuse to pay the same.

It is requested by the government to provide the moratorium during the mughal period but it is not compulsory in case any mall is asking for the common area maintenance charges during the electron period however there was no business activity in the mall it cannot be denied and during the period of covid 19 lockdown the salary of staff has normally been paid by the commercial organisation so to ask common area maintenance charges from the commercial 18 holders is justified it is the decision of the management of the mall to ask for the common area maintenance and the commercial unit holders in case there is any problem can be represented and discuss between the management and the unitholders

Latest take of supreme court over rent issue is that rent can be delayed but cannot be denied by the tenant. So try getting some time.

Maintenance charges for lockdown period are not to be paid. Complaint about this 

Water and electricity are essential services and cannot be disconnected. 

tenant is liable to pay the maintenance charges as per the norms. 

if the lease agreement is silent about force majeure clause then landlord can claim the lease amount its advisable to share the lease agreement feel free to contact me for guidance. 

1. Levy of CAM charges for lockdown period when the mall itself is closed is illegal and arbitrary.

2. Lockdown is a Force Majeure, hence no CAM charges can be levied on the businesses running inside the mall.

3. The landlord can certainly demand the rental for the lockdown period because tenancy did not come to end during lockdown, but the tenant can make a delayed payment of rent.

1. Cam charges can be taken for the period of lockdown if CCTV cameras were operating during that period.

2. Landlord can demand rent for period of lockdown but you can ask landlord for some discount on rent amount.

It all depends upon the agreement. Usually if the tenants have agreed upon to pay the CAM charges and hence they have to pay for it unless you go to the court under such extraordinary circumstances.

Yes. All of the malls were closed but the tenants are paying. This is very harsh but what can be done. You may challenge this.