A contempt application against the builder and the association must be immediately filed as they have wilfully and blatantly violated the court order.
Association disconnected power
HOA aligned with builder asked 37k per flat to contribute for OC and Power. Which I have already paid to builder before. Because of some vested interest of HOA ,they helping builder to raise additional fund of 1cr to get OC and Bescom. Majority of owners paid and I denied to pay. I have got interim order from RERA and builder owner undertaken to ensure no power get disconnected in my flat for not paying 37k demand from HOA. To my surprise ,they violated the RERA court order and disconnected my power for not paying 37k. Builder asking to withdraw the RERA case and if I do so , he will get my power restored. Requires expert advice “ what’s the best and immediate approach to bind HOA and builder for this violation”. I need immediate relief in this case and also looking to engage a lawyer ASAP to get my power. I m a family with kids and suffferring.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
File police complaint against association
draw attention to court orders that power cannot be disconnected
also take out contempt of court proceedings against association for disconnecting power supply
You can file consumer complaint as well as FIR in. Police for the same
You approach RERA once again with a contempt of court petition against the builder for disconnecting the power supply despite the interim injunction orders passed by the authorities concerned.
If RERA is not entertaining the application for contempt of court then you may approach appellate tribunal of RERA for intervention and necessary relief.
Approach RERA Authority, immediately bringing to its notice violation of its order. For violation of he is liable to pay five per cent of the project on each day of violation. Seek interim direction for reconnection.
Dear Client,
You can file a contempt of court petition.Civil contempt, defined in Section 2(b) of the Contempt of Courts Act, is "wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court"
Thanks & Regards
