Electricity and water are essential services and cannot be disconnected by RWA
if you fail to pay Association dues at most they can take recovery proceedings against you
Making provision for deducting Maintenance charges for the prepaid electricity meters of the flat owners is absolute flouting of guidelines for Single Point Connection issued by the Hon’ble U.P. Electricity Regulatory Commission from time to time through various Tariff Orders. Our RWA connect my maintenance charges with prepaid meter though my flat is still incomplete, OC/CC is pending, possession letter is not signed by me till date, sale deed registered. Till the date handing over the possession of tower in which I lived along with completion of all compliances in accordance with law, builder is bound to pay all dues. I have paid electricity and water charges regularly. RWA has no right to disconnect essential services. please guide
Electricity and water are essential services and cannot be disconnected by RWA
if you fail to pay Association dues at most they can take recovery proceedings against you
RWA cannot disconnect essential services and all cahrges shall be borne by builder till possession not delivered with complete construction.
And MC is cannot be charge till OC not issued.
Refuse straight builder only will bear all cost.
Dear Sir,
You are suggested to submit the said representation in writing to RWA and registrar of society as well. If meaningful not done by the RWA, file the suit of declaration/injunction against RWA as well as against the builder.
Please approach Police officers for the illegal activities of RWA forcing and engaging themselves with an illegal activities which may put them under imprisonment and payment of fine upon convictions from competent authorities and Magistrate Court under whose jurisdiction your Property is situated.
You may approach Civil Court of Law for the injunction under order 39 of C P C 1908 for the temporary injunction and later under section 34 and 36 of Specific Relief Act for mandatory injunction against RWA .
DEFINITELY RWA has no jurisdiction and legal rights to disconnect your water and electricity connections which is enjoyed by you as one of essential services of every person in Republic of India which is guaranteed by Constitution of India 1949.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Further, builder cannot compel you to pay day to day expenses until completion certificate has issued.
- Hence, in the absence of the legal documents like OC & CC , the RWA cannot force to pay the said charges ,and further the acts of disconnecting essential services is against the law,
- You can lodge a written complaint against the builder before the RWA before the Registrar.
I am not aware of the Commission's order but if such order is indeed in place then more paid meter is absolutely illegal.
Otherwise also no RWA can deal with individual essential supplies like electricity or water of any person and if it does then its actions can be termed illegal and hence circumscribed.
If the association is registered under any Act then lodge complaint before that authority. Otherwise filing of civil suit for declaration and mandatory injunction is an option to redress your grievances.
They can't disconect the water and electricity charges as it's a criminal offence. You can file FIR against the office bearers of the said association
A complaint must be filed with the society and the registrar for such illegal conduct and arbitrarily charging someone who hasn't been allotted the property.
You may also go to the consumer forum.
In case of any injustice meted out to you by the RWA as mentioned by you, it is better that you first issue a legal notice instructing them to not indulge in such illegal activities.
After that you may approach court with a suit for injunction restraining the RWA from disconnecting services pertaining to the basic amenities
The society cannot disconnect essential services without prior notice to the member. In several cases, the court restored the essential services such as electricity and water supply even when the maintenance charges were not paid by the resident.
1. Association cannot charge maintenance from you till you take possession of your flat.
2. You can send notice to builder and association for sorting maintenance issue because builder is bound to pay maintenance of flat till you get possession of your flat.
3. RWA cannot disconnect essential services they can only initiate legal actions for recovery of maintenance dues.
4. You can file suit against association and builder for claiming compensation for disconnection of essential services.