Hi, First, the Association need to issue legal Notice and thereafter Association has to file a suit for recovery of money.
Non-cooperation by one resident
We are residents of 2 buildings having 8 apartments in Gurgaon. Seven residents out of eight residents are paying the dues for common facilities like - 1. Electricity bill for common areas & lifts. 2. Lift maintenance. 3. Salary of guard. 4. For cleaning of common areas. Please note he is enjoying all services without paying any amount. How we can force the 8th resident to clear his pending dues which are app. 60000/- Please guide us in the matter.
Asked 3 years ago in Property Law
Religion: Hindu
11 Answers
Issue legal notice to defaulter to pay the outstanding dues with interest
2) if he fails to pay sue the defaulter to recover outstanding dues with interest
You are entitled to file a suit for recovery of arrears of maintenance with interest in a civil Court. You will get a decree for arrears of dues, interest on arrears, cost of suit and lawyer's fee. Before filing such suit issue him a lawyer's notice.
We don't have any association or RWA for our building but we are individual residents. We all are ready to jointly sign any notice for recovery of our dues. Please clarify in absence of any association / society/ RWA can we recover dues from him.
Asked 3 years ago
Hi, then you have no option, all together has to send a Notice to single defaulter.
In your individual capacities collectively a suit can be filled & dues recovered.
Form an association for your building
then only issue notice to recover your dues
In the absence of any body to regulate such administrative tasks and to organise the periodical payments towards maintenance of such facilities, or in the absence of any agreement signed by all towrds such things or in the absence of any rule governing this, as an individual you cannot demand the defaulting member to pay them.
The best option is to restrict him from availing the said services.
Is there any written agreement on the basis of the mutually agreed conditions in this regard?, if not it may not be possible to recover the amount legally from him, instead you can disconnect the service/facility provided to him in common.
Yes you can file case for recovery of the dues from him
In the absence of a RWA or any agreement with mutually agreed conditions singed by all the residents of the complex, it may not be posible to legally recover the arrears/amounts due from the defaulting member.
You may have to look for some other alternative method to recover the amount as suggested in the previous post.
Dear client, I am sorry to hear that but in this case you may give legal notice you that 8th person for clearing the dude amount.
All the other residents can jointly initiate legal action against the defaulter in the absence of any RWA. First send him/her a demand notice asking for settlement of all arrears on or before a set deadline, through a lawyer. In case of default, proceed to file a suit at the appropriate court seeking remedy, in consultation with your lawyer.
