1) lift , electricity are essential services and cannot be disconnected
2) they cannot restrain you from using the elevator
3) you can file police complaint against the flat owners if it is disconnected
Usage of elevator in an apartment
This in our apartment escalated for last one year or so regarding appointment of Care Taker . As we opposed the misdeeds of the caretaker; such as illegal parking of outside vehicles, drinking alcohol in duty hours with outsiders etc. Even that concerned caretaker has rightly given confession of those misdeeds and apologized in written in the Apartment's Common Diary. But somehow after few days those confession pages are mysteriously ripped off, probably on someone's suggestion . From then on the undersigned have asked the caretaker provider agency to change that personal. That was never done and the caretaker provider agency informed us that they are instructed not to change him and our views were nullified. I therefore, refrained from paying caretaker salary until meeting will held and our views are considered. Then also those flat owners did not care to communicate and informed us via caretaker provider agency that our payments are not required as the other flat owners themselves will pay and keep him for themselves. My apartment;s some flat owners started giving notices threatening to abstain us from the use of elevator and generator services. In the last few days they returned the AMC charges for the elevator and again giving notice) stating that they will not take the payment and they will desist us (some of them are senior citizens) and their family and relatives and helps to use the elevator. It worthwhile mentioning there is no society or declared secretary for this apartment. some of the flat owners just formed a group among them. My question : 1. Can someone be barred from using an essential item like life in an apartment ? 2. Even after giving AMC of lift a group of flat holders, who are not authority, can they return the money and desist using lift service ? 3. Can AMC of a lift and caretaker's salary be treatment of the same head ? 4. What are the legal rules and regulations that can be mentioned here ? 5. which legal assistance will I get?
Asked 5 years ago in Constitutional Law
23 Answers
No and if they are not accepting MC, dont pay and keep using it.
Same head.
Every member of apartment entitle to use common area. Prevailing law, you can not be desist. Agaisnt any obstruction, complain to police.
1. No, noone can be stopped from using any essential service.
2. They are noone to accept or return the amount. They have no authority. Where is RWA
3. No
4. Serve the RWA or the residents who are threatening you, with a legal notice.
5. Need to file a complaint in the consumer court if the matter continues.
There is no RWA of society or anything like that in our apartment. Its just have 7 owners, 1 tenant residing. The the common service charges like caretaker, electricity, sweeper etc. and AMC are paid individually in a diary which is general kept at the caretaker's custody. For now 4 flatowners and 1 tenant have formed a group, harassing other 3 flat owners including us. I am not aware of the actual govt. rules on this ? Are there any IPC ?
Asked 5 years ago
Any hindrance is wrong ful restrain and a criminal act. You can complain to police agaisnt any obstruction.
They have given a notice signed by those 4 flatowners and 1 tenant to stop using lift . Can they do such , do they have authority ? Can that notice be used as a proof of their threat and be used in our favor in taking legal action ?
Asked 5 years ago
Notice has no legal status as send those who have no exclusive right over the elevator.
Notice is valid proof of their force.
File poluce complaint against st said flat owners under section 504 of IPC for acts endangering peace
They cannot restrain you from using the lift
you can use notice as evidence fir filing poluce complaint
1. Ignore such notice or demand to debar you or others from using the lift even if the CAM charges are in due.
2. However if they physically restrain you from accessing the common lift you have the option of filing complaint with police alleging wrongful restraint and criminal intimidation.
3. In addition there is civil remedy of filing suit for declaration and injunction.
4. Therefore don't succumb to any pressure and raise your voice of Protest in all circumstances.
1. Nobody has a right to prevent others from utilising the basic amenities including the elevator facilities.
You can file a suit for permanent in junction against those people who create problem or obstacle to using the elevator including the association.
However you should ensure that you share the expenses incurred for operating the elevator every month.
2. See the above answer.
3. It depends on what account this is being debited by the association.
4. This is a basic amenity provided by the builder as per the conditions of the sale agreement and the sale deed, hence this facility cannot be deprived for a sector of people alone, you can approach court with a suit for injunction restraining them from indulging in such illegal activities.
5. You consult a local advocate and discuss the subject matter at length to file the suit as recommended
If some people form a group and harass the other flat owners, a police complaint may be given against them.
The elevator and other common areas are common to all the flat owners.
Nobody can restrict others from using them or exercising their rights to avail such facilities or amenities.
You can consult a lawyer having experience in this subject and proceed as suggested so that the group members will come down to compromise and make an arrangement for solving all the issues and differences.
If they have given notice then they have done a grave mistake.
The notice itself is an evidence for the illegal activity against the other flat owners.
They are not the only owners of the elevators or the other common areas within the complex.
Their notice indicates that they are indulging in illegal domination against the fellow flat owners.
You can take proper legal action against them as per law with the consultation of an advocate, first issue a reply notice questioning their authority to issue this legal notice and then drag them to civil court with a suit for injunction and also with a criminal complaint with the local police for their acts of excesses and illegality.
Please answer my question to answer your questions.
Whether OC is received by Builder?
Essential services cannot be denied to anyone in Apartment Association, Society and gated community Society..
Why do not form Society to regulate the affairs of Apartment in a systematic way under Society Act and Rules.
1. No you can't be barred to use essential services.
2. No
3. Both are different heads
4. You need to send them a legal notice and then complain to dy registrar or competent authority
- As per Supreme Court, No society is entitled to disconnect or suspend common amenities including electricity /water supply/elevator service , and only can issue a legal notice to the defaulter and if he/she does not pay the maintenance , then approach the court for recovering the dues of maintenance.
- As per the Apartment Ownership Act , Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the association head or the management committee on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner.
1. Legally not , a complaint can be filed against the society or persons who barred a flat owner from using essential amenities.
2. They cannot desist
3. It depend upon the laws of the association .
4. You can file a complaint and also approach the court as well.
- Yes , this notice can be treated as a proof of threat .
Yes this can be used as proof of threat.
They are noone to give notice.
No they cannot do this.
No they cannot. These are essential services and they cannot deprive you of the same. This should be resolved in a peaceful manner. What do the byelaws say??call a GBM of the society.
Yes a criminal complaint against them can be lodged if they forcibly try to stop you from using essential services.
A criminal complaint must be filed against them for forcibly trying to stop from using these services and endangering your life. Also a criminal complaint against such a guard and the security officer.
they cannot stop you from using essential service.
you can file police complaint against them.
they don't have authority to restrain you for using essential service. lodge police complaint against them and also you can file private complaint against them before jurisdiction civil court
1. No, no one can bar you from using essential services.
2. No they cannot restrain you from using elevator services if they are returing money paid by you by themself.
3. No they cannot be held under same head.
4. You should file police complaint against flat owners who restrain you from using the services.
- As per the information mentioned in the present query, makes it clear that what has been done is completely against the principle of equality.
- I would like to apprise you that no one can restrain from using the services either there has been an association made or not.
- Both options are open, either go for civil suit for injunction from restraining or filing a police case for wrong full restraining as per IPC.
- Either chose one or both, it’s open to the aggrieved party.
