1) water is an essential service and cannot be disconnected
2) if there is resolution passed by tenants of equal contribution and tenant as failed to pay for repairs you can sue him to recover his contribution with interest
Criminal action for non payment of repairs dues by a tenant
I am staying in a Tenanted Building ( Phagdi System) since last 54 years . There are 12 Tenants and 2 tenants have expired and those houses are locked and in court battle. Hence we 10 tenants decided to carry the full repairs of the Building as the new Landlord had bought this property for redevelopment and has not been able to redevelop the same since last 14 years . All the tenants are financially sound except for 2 tenants one who is a widow and an old couple . Still they broke their FD in bank and contributed to the full repairs of the Building in good faith and all the tenable repairs for the building were successfully completed. 1. All the tenants contributed Rs. 3.50 Lacs per house but the repairs were completed within the budget after dropping few tems like compound repair and refund of Rs. 75000/- was given to each tenant. 2. All the tenants contributed except for one tenant who is an architect and a very thick skinned and shameless person but financially well off . 3. After several request he finally contributed Rs.75000/- and has not contributed any further amount for the repairs and refuses to cooperate. 4. We are also maintaining the building upkeep by contributing Rs.10000/ per flat for BMC water charges , Common Electricity , Sweeper ,Pump operator etc in which he as not contributed anything since last 15+years. How do we take out this money from the rogue architect as we want to return back the money to other members like the widow and the old couple who are in fact subsidizing him as he is not paying up . Whenever we have requested for contribution he comes out with fake excuses like his Laptop got broken during repairs etc and tries to take upper hand in the discussions. Chori ke upar Sina Jori. 1) Can we file a Police Complaint for Cheating under IPC 420 or any other IPC sections to recover the money from him and create pressure on him through Police as he is not going to yield to any civll pressure. 2) We plan to stop his water supply to get him around to pay up the money he owes. 3) Please guide the directions we can take to recover this money from him.
Asked 3 years ago in Criminal Law
Religion: Hindu
8 Answers
Try option 1 - go to police
Do not attempt 2 as that will land you and other tenants in trouble and will be used by the defaulter against you'll
1. This is a civil dispute and criminal case lies.
2. Water supply can not be disconnected. It is a criminal offence.
3. File civil suit for money.
1.Police will not entertain your complaint being the civil nature dispute
2. As per Supreme Court, No landlord or society is entitled to disconnect or suspend common amenities including water supply, and only can issue a legal notice to the defaulter and if he/she does not pay the same, then approach the court for recovering the dues of maintenance.
3. File a suit for recovery.
1. No criminal complaint is maintainable because he is not indebted to others nor there's any agreement which he breached, hence you cannot recover the amount through legal sources.
2. Yours is not a registered or legally recognized association neither you have a legal authority from the legal sources to indulge in such illegal activities, any such step taken by you may land you in legal trouble.
3. You may not be able to recover through legal sources for various reasons hence you may look for an alternative way to recover the same.
Dear Sirs • I understand we cannot stop water supply to any member but just wanted an opinion from the lawyer forum. Then is BMC entitled to cut water supply to a building if dues are not paid on due date? Since it is essential supply is BMC entitled to such an action. • We are tenants in individual capacity and have all contributed in good faith to get the building repairs to make it safe and habitable. There is no tenant association and no such resolution was passed. • We do not think Civil action, or any legal notice will work on this architect who has not paid and has no intention to pay. • Earlier Police and local Electricity Board – Reliance had taken action on him for Electricity theft and does not have a reputable record. • He owes us almost Rs.3.5 Lacs ( R s 2.00 Lacs for repairs and Rs.1.50 Lacs for maintenance expenses) • I think it is cheating towards all the tenants by paying initially Rs.75000/- so that his flat is repaired externally and not paying up after the full building was repaired including his external premises. • I do not think Civil action is the way forward as it is a very long drawn process. • Please guide in detail how Police action can be taken and under what IPC can be applied as he has cheated all other tenants by not paying up. Is it a fit case of IPC 420 as he paid partial amount of Rs.75000 and not paid balance pending amount. • Can we paste a notice at the Entrance of the Building and outside his office entrance of the full amount of contribution made by other tenants flat wise and the amount pending to his account and request him to pay up this amount so that his employees can come to know that their employer has not paid Repairs and maintenance dues for last 15 years. Please guide. • Can we hold a Protest Dharna by all the tenants of the building outside his office and residence to create Pressure for him to pay up. In short please guide in detail on the way forward to recover the due amount from this tenant .
Asked 3 years ago
The dues from this architect were outstanding since last 15+ years as per your original query
what were all the other tenants doing for all this while???
you can do none of the things as stated in your follow up query
you have to take steps as per law and cannot take law in your hands
civil remedy is to file a representative suit by any one tenant on behalf of the other tenants
whether or not he will submit to civil action is no justification to do all the things stated in your follow up query
criminal action is to file the police complaint. You just have to state the facts of the case. What sections of IPC are to be applied is the police's job
if this excitement as is coming out in your queries had been shown earlier, you could have realised some money from that person and brought him in line
now you people belatedly want to take steps
BMC will NOT cut his water supply nor it can do that as it is illegal
please contain your excitement and think wisely before taking all the wild steps as stated in your follow up except pasting a notice at the entrance of the building stating the dues from this person
how the dues of the past 15 plus years can now be recovered is beyond my comprehension!!! your case is badly affected by delays and laches
SIR
THIS IS A WARNING TO YOU
PLEASE REFRAIN FROM WRITING COMMENTS PERSONALLY TO ME ON MY PROFILE
AND FIRST LEARN HOW TO TALK!
I GIVE TWO HOOTS TO YOUR STUPID RATINGS! NOT HERE FOR THAT
You can hold protest dharna outside his office to pressurise him to pay
2) better option is to take civil proceedings to recover dues
3) no case of cheating is made out
The water tax if not paid, the BMC may issue a notice demanding the payment, if the person still not obliges, then it may take action for curtaining the water supply.
You may plan to lodge a criminal complaint against the architect individually and not collectively.
You cannot recover the money from him through criminal law, you may have to file a civil money recovery suit only even though it is a long drawn process.
You cannot paste any such demands on his house or gate, this power is bestowed only in court that too by an order.
Dharna is not solution to this, he will call police to take action against you for creating nuisance in front of his office.