You can take action against them and recover the same by fiiing appropriate proceedings 

The association has to adopt the legal steps to recover the balance or arrears of maintenance amount.

Disconnecting the basic services will be considered as an illegal act hence do not advise the association to indulge in such activities.

You may issue a legal notice against the defaulters and then can file a suit for recovery against all the defaulters along with the litigation costs. 

You have to take recovery proceedings against the defaulters . Approach cooperative court for necessary reliefs 

you cannot disconnect electricity  connection of the defaulters 

It appears that the association is registered under WBAOA . If that is so then the Bye Laws of the association is clear aboutt eh steps to be taken in case of defaulting members.

However do note that no essential services can be served due to non payment of CAM changes. 

Legal Opinion: Challenging Court’s Rejection of Additional Defence Grounds in Cheque Bounce Case

If the trial court refuses to accept additional defence grounds in a cheque bounce case filed under Section 138 of the Negotiable Instruments Act, can Mr. A challenge this decision in a higher court and seek permission to submit those grounds?

Legal Position:

Yes, Mr. A can challenge the trial court's refusal to accept additional grounds by approaching a higher court, depending on the stage of proceedings.

1. Revision Petition under Section 397/401 CrPC:

• If the court passes an interlocutory or final order rejecting the application to introduce additional defence, Mr. A can file a criminal revision petition before the Sessions Court or High Court.

• He must show:

  • That the rejected ground is material to his defence.

  • That the trial court’s order is arbitrary, unjust, or causes prejudice to his fair trial rights.

2. Appeal Against Final Judgment (if trial concludes):

• If the court passes a final judgment without allowing the additional grounds, Mr. A can raise this issue in criminal appeal, on grounds of:

  • Violation of natural justice.

  • Improper legal representation or denial of fair opportunity.

3. Article 227 of Constitution (Writ Jurisdiction  Exceptional Cases):

• If there's a gross miscarriage of justice, Mr. A may approach the High Court under its supervisory powers to challenge the procedural irregularity and seek relief.

Supporting Legal Principle:

Courts in India have repeatedly emphasized that in criminal trials, the right to fair hearing and opportunity to present a complete defence are fundamental. Denial of relevant defence grounds without proper justification may be set aside by higher courts.

Recommendation:

Mr. A should act promptly and engage a capable advocate to:

• File a criminal revision or appeal, as per the case status.

• Clearly explain the material relevance of the additional ground and the prejudice caused by its rejection.

Since the maintenance rate was approved in the AGM with quorum, it's legally binding under the West Bengal Apartment Ownership Act (WBOA). Members refusing to pay the approved amount are in violation. You can:

1. Issue written demand notices with reference to AGM resolution.

2. Impose penalties or interest as per bye-laws.

3. Initiate recovery proceedings through the Registrar or Civil Court.

4. Disconnection of DG or amenities is not advisable unless explicitly permitted by your bye-laws and after due legal notice—else it may attract legal challenge.

Consider legal notice or action via the Housing Tribunal if non-compliance continues.

It's frustrating when members don't adhere to agreed-upon rules, especially concerning finances critical for society maintenance. Here's a breakdown of the course of action you can take as a registered society in Kolkata under the West Bengal Societies Registration Act, along with an answer to your question about disconnecting the DG connection:

Course of Action for Non-Payment of Maintenance Charges:

1. Review your Society's Bylaws/Regulations: The first and most crucial step is to meticulously examine your society's registered bylaws/regulations. These documents should outline the procedures for:

   • Levying and collecting maintenance charges.

   • Imposing penalties or interest on delayed payments (often up to 21% as per cooperative society norms, though your bylaws should specify).

   • Defining "defaulter" (e.g., non-payment for three consecutive months).

   • Actions to be taken against defaulting members.

2. Issue Formal Notices:

   • First Notice: Send a formal written notice to the defaulting members, clearly stating the outstanding amount, the approved rate, the period for which it's due, and any applicable interest or late fees as per your bylaws.

   • Final Warning Letter: If the first notice goes unheeded, pass a resolution in a general meeting to initiate recovery proceedings. Subsequently, send a final warning letter, informing them of this resolution and the society's intention to pursue legal action if payment is not made by a specific deadline.

3. Application to the Registrar of Societies (WBOA):

   • The West Bengal Societies Registration Act, 1961, and related regulations provide a mechanism for societies to recover dues. You can apply to the Registrar of Societies for the recovery of non-payment.

   • You will need to submit necessary documents and pay a prescribed fee.

   • The Registrar will investigate the matter, potentially holding a hearing with the defaulting member.

   • If satisfied, the Registrar can issue a "Recovery Certificate." This certificate acts as a decree for the recovery of the dues.

4. Enforcement of Recovery Certificate:

   • If the member still doesn't pay after the Recovery Certificate is issued, the Sale Officer appointed by the Registrar can seize the movable property of the defaulter.

   • If the dues are still not recovered, the Sale Officer has the power to auction the defaulter's property (movable and even immovable, including their residence) to settle the outstanding amounts.

5. Civil Suit:

   • While approaching the Registrar is often a more straightforward process for registered societies, you can also initiate a civil suit in the appropriate Civil Court for the recovery of outstanding dues.

   • Before filing a suit, it's advisable to send a legal notice through an advocate.

Can you disconnect the DG connection?

Generally, NO. Based on legal precedents and common understanding in India, including West Bengal, societies or associations are generally NOT allowed to disconnect essential services like electricity, water, or even a DG connection (if it's considered an essential backup power supply) for non-payment of maintenance charges.

Here's why:

• Essential Services: Courts, including the Supreme Court, have emphasized that services like water and electricity are considered essential services and a fundamental right. Disconnecting them without proper legal process is often deemed illegal and a violation of fundamental rights.

• Legal Procedure: Even if a member is defaulting, the society must follow the prescribed legal procedures for recovery of dues (as outlined above), rather than resorting to arbitrary disconnection of services.

• Criminal Offence: Unilateral disconnection of essential services can even be construed as a criminal offense, and the managing committee members could be held liable.

• Bylaws Limitations: While your bylaws might state actions for defaulters (like debarring them from common facilities like gyms or clubhouses, or publishing their names), they generally cannot override statutory laws that protect essential services. If your bylaws contain a clause allowing disconnection of essential services, it might be legally challenged and deemed invalid.

Key Takeaways and Recommendations:

• Follow Due Process: Always adhere to the established legal procedures for recovery of dues. This protects the society from legal challenges and ensures a stronger case.

• Documentation is Key: Maintain meticulous records of all communications, notices sent, meeting minutes where resolutions were passed, and financial statements.

• Seek Legal Counsel: It is highly recommended to consult with a legal professional specializing in society matters or property law in Kolkata. They can guide you through the specific provisions of the West Bengal Societies Registration Act and draft the necessary notices and legal documents.

• Mediation/Negotiation: Before resorting to legal action, consider attempting mediation or negotiation with the defaulting members to find an amicable solution. This can save time, money, and maintain better community relations.

Send them the demand notices signed by the concerned office bearer of the Assn.

Incase they do not comply with the demand notice, issue them legal notices.

Straightaway disconnecting the DG connection to them would not be legally sustainable. 

The managing committee should first pass a resolution to issue notices to the defaulting members calling upon them to pay all arrears before a set deadline and cautioning them that in case of continued default they would face disqualification as members. Further action needs to be taken after the deadline. In any case, the society cannot legally disconnect essential services.

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- As per Supreme Court, No 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. 

- Hence, if any flat owner is not paying the maintenance charges, it is open to the association to demand the same from the defaulting member in accordance with law, but cannot connect the essential services like electrify and water supply. 

If members are not paying maintenance at the approved rate despite a valid AGM resolution, the society has legal remedies.

First, send them written notices asking them to clear dues as per the approved rate. Keep records of all communications. If they still don’t comply, the society can initiate recovery proceedings under the West Bengal Apartment Ownership Act (WBOA) or file a civil suit for recovery of dues.

Disconnecting DG (generator) connection or essential services can lead to legal issues for the society. Courts generally don’t allow disconnection of essential services as a punishment for non-payment.

It’s best to pursue legal recovery through proper channels while maintaining essential services. A lawyer experienced in cooperative or apartment laws can help draft strong notices and represent the society if needed.

Hi, 

You can issue legal notice to the members concerned who are not paying maintenance at approved rate. You cannot disconnect the DG connection without informing them, but you can approach court of law by engaging a lawyer after issuing notice to the persons concerned. If you have the terms in writing with regard to the approved rate of maintenance, then it will be better. 

Dear Sir/Madam, 

It is suggested that you have a legal advisor at your panel and send the notice for unpaid amount of maintenance to the defaulting members. If not paid then also, then file complaint against them in confirmity of bye laws of WBOA to the concerned competent authority.