• Disconnection of water by housing society

I am having one garden flat at Satara,Maharashtra State but not staying there regularly as my children are studying at Thane and I am presently working as Government officer at Chandrapur,Maharashtra.My housing society has disconnected water supply to my flat at Satara since last 2 months for want of some dues.I am not informed anything regarding the dues nor any written notice/letter is sent by society before taking the action of disconnection.In fact society has taken connection from my electric meter and used light from 2008 till Sept.2014 for entire parking space of society. I was not staying at my Satara flat,but regular bills from Electricity board for power consumption were sent.I therefore made inquiry at Electricity board and came to know the mischief by society.This fact was brought to notice of society and they informed me that necessary remedy would be done in maintenance charges.Society got registered in year 2014-15.I am not sent AGM copy,receipts for earlier paid charges etc.As per MOFA ACT,1963 section 12-A society can not disconnect water services as it is essential service.Society is harassing and verbally asking to pay Rs.80000/-as pending maintenance charges,which is totally wrong .Also without my consent society has entered in my garden in my absence and dug out a under ground pipe line and spoiled my garden which in my opinion is house trespassing.

Kindly give advice regarding action to be taking including filing case with Police.Urgent advice is needed as my garden is getting spoiled.
Asked 1 year ago in Civil Law from Satara, Maharashtra
1) electricity supply cannot be disconnected by society 

2) it forms part of essential   service 

3) Supply of Water & Electricity is covered "as a public service" and is under the parameters of the "Essential Services Act",  and it is a criminal offence, punishable by imprisonment, IF such disconnection of the Essential Services is done, by private persons, other than the competent authorities after following due procedures of law.

4) lodge police complaint against members of managing committee of society for criminal intimidation under section 506 of IPC 

5) in case any maintenance dues are outstanding , society can send you legal notice to pay the outstanding dues with interest and if you fail to pay take recovery proceedings under section 101 of MCS Act 
Ajay Sethi
Advocate, Mumbai
27277 Answers
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 1) society is bound to furnish you maintenance bills 

2) if society is asking you verbally to pay Rs 80,00 ask for detailed statement of account from society 
Ajay Sethi
Advocate, Mumbai
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The society and its office bearers are liable to be sued for compensation through a lawsuit. This apart, those office bearers who entered your premises without your consent are liable to face criminal prosecution for house trespass. Engage a lawyer and get going.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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Hi, If the society want to recover the amount then they have to file a suit  for recover the amount but they have no authority to cut the power and water supply to the premises.

2. You can file a suit against the society for restore the same.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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The society cannot disconnect the water supply on its own, it is a criminal offence, you may lodge a complaint against the secretary of the society who ordered this work. Besides, you may approach court seeking permanent injunction against the society to not to interfere in your peaceful possession and enjoyment of the property and can seek cost  as compensation towards damages they have made to your garden and also can demand the charges for the electricity consumption they have consumed from 2008 to 2014.
You may issue legal notice under registered post to the secretary f the society covering a ll the issues of concern and then move with the proposed legal actions.
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
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